( 1 ) RULE. WITH the consent of the parties, writ petition is taken up for disposal.

( 2 ) THE question arising for consideration is whether a doctor, with an M. B. B. S. degree, having deficiency of colour blindness,is to be debarred from pursuing any post graduate Medical Course? The concerned Medical College denied admission to the petitioner in M. D. (Pathology ). The Director General of health Services and the Committee of Experts opined that the petitioner being totally colour blind cannot be considered for admission in Post Graduate Course in anaesthesiology, Psychiatry and Community Medicine.

( 3 ) HERE are the facts:-

(I) Petitioner is a Doctor, who completed his M. B -B. S. from Nalanda Medical College, Patna, bihar. Petitioner earnestly desired to pursue higher studies. Accordingly he appeared in the. All India quota, Post Graduate Entrance Examination. Result was declared in the month of February, 2002.

(II) Petitioner qualified and ranked at no. 1308. Petitioner opted for the M,d. (Pathology) in the counselling. He was asked to report to l. L. R. M. Medical College, Meerut. Petitioner duly appeared before the college authorities and was offered m. D. (Pathology ). Petitioner was asked to undergo a medical examination. the Ophthalmology Department reported that the petitioner was colour blind in both eyes.

(III) Petitioner was utterly dismayed. He made a representation to the Director General (Health services) stating that if on account of their finding of colour blindness, he could not be given admission to m. D. (Pathology) Course, he be considered for other courses such as Dermatology , Orthopaedics, where colour blindness was not a hindrance. Petitioner also stated that he had not experienced any such difficulty in discharging medical duties in the past. Petitioner stated that colour blindness may effect or cause hindrance in rnicroscdpic examination in pathology, but is not a hindrance for subjects other than pathology.

( 4 ) ON the basis of the petitioner s representation dated 19. 7. 2002 and 24. 7. 2002, Director l. L. R. M. College was requested by the Director General (Health Services) to constitute a Board of three doctors, who would examine the petitioner to assess whether colour blindness would be a hindrance for a post graduate study in M. D. (Pathology ) or any other subject? The Medical Board of three Doctors examined the petitioner on 6. 9. 2002 and reported as under :-

"dr. KUNAL Kumar was found to be colour blind by the Medical Board. The Board unanimously resolved that the case may be REFERRED TO m. C. I. for opinion and further advice. "

( 5 ) IN the meanwhile, show cause notice was issued in the writ petition on 6. 8,2002. Vide orders dated 6. 9. 2002 Central Government Standing Counsel was asked to seek instructions, if petitioner could be considered for admission to Anaesthesiology, Community medicine and Psychiatry. Further vide orders dated 24. 10. 2002 report on the extent of colour blindness of the petitioner was called from the L. L. R. M. College.

( 6 ) PURSUANT to the orders passed by this court, on 6. 9. 2002 a Committee of Professors of ophthalmology of R. P. Centre, AIIMS, Dr. RML Hospital, lady Harding Medical College and Secretary M. C. I. under the Chairmanship of Professor Y. N. Rao DDG (M) met on 29. 10. 2002 to examine whether petitioner was fit to Join PG course in Anaesthesia, Psychiatry and community medicine. The Committee noted that as per report of LLRM, Medical College, petitioner was total colour blind. The Committee observed that there were no clear cut guide-lines regarding colour vision by the Medical Council of India and the framing of regulations was still under consicleration. The said committee, therefore, suggested that the opinion of the concerned subject specialists be taken.

( 7 ) PURSUANT to the above recommendation another Committee consisting of experts in the specialities of anaesthesia, psychiatry and community medicine from AIIMS, Lady Hard