MANMOHAN SARIN, J, J.

( 1 ) PETITIONER-MOHD. FAIZAL desirous of joining the Police Force had applied to the Delhi Police in response to an advertisement to fill up 2359 vacancies of Constables (Executive ). Petitioner was assigned Roll. No. 429623 and was put through a written test, physical and measurement test, interview and declared provisionally selected, subject to verification of his character and antecedents. Petitioner was also got medically examined at Guru Tegh Bahadur hospital, Delhi and declared unfit on account of "colour Blindness". Petitioner preferred an appeal and a Medical Board was constituted for re-examination. Upon re-examination, LNJP Hospital submitted a report on 15th January, 2004, holding the petitioner to be unfit recording it as a case of `partial colour blindness'. Delhi Police cancelled the candidature of the petitioner vide order dated 28th January, 2004

( 2 ) PETITIONER aggrieved by the cancellation of candidature, challenged it by OA. No. 522/2004, before the Central Administrative Tribunal, hereinafter referred to as the Tribunal. The Tribunal vide its order/judgment dated 13th October, 2004 dismissed the OA, holding that since petitioner was suffering from colour blindness, he was not eligible to be appointed to the post of Constable (Executive), as there was a bar under Rule 9 of the Delhi Police (Appointment and Recruitment) Rules, 1980.

( 3 ) PETITIONER impugns the order/judgment dated 13th October, 2004, in the writ petition. The writ petition involves interpretation and effect of rule 9 read with Rule 24 (a) of Delhi Police (Appointment and Recruitment) Rules, 1980 and the instructions given in the Appendix to the said Rules for medical examination. For facility of reference, the text of Rule 9 as also Rule 24 (1) (2) and the relevant provisions of the Appendix is reproduced below:-Rule 9 Recruitment of Constables:- (v)Physical, educational, age and other standards for recruitment to the rank of Constable shall be as under:- (e)Physical Sound state of No relaxation standard health, free from permissible defect/deformity/ disease, vision 6/12 without glasses both eyes, free from colour blindness. Rule 24. Medical examination of candidates (1) Before enrolment, every candidate shall be medically examined and certified physically fit for police service by the police surgeon or medical officer appointed by the officer appointed by the Commissioner of Police. A certificate, in Forms `d' and `e' duly signed by the medical officer, is essential for enrolment. Before his medical examination the candidates shall be required to give a declaration in Form `c' in the presence of the medical officer, such declaration being precondition for enrolment. The candidates declared medically unfit shall be informed, in writing, of the reasons of unfitness. (2)The medical examination shall be conducted in accordance with the instructions contained in Appendix. The medical officer shall test the eye sight, speech and hearing of the candidate, his freedom from physical defects, organic or contegious disease, his age or any other defects, or tendency likely to render him unfit for police service. Candidate shall be rejected for any disease or defect likely to render them unfit for the duties of a police officer at any stage. APPENDIX"points to be observed by Medical Officers in examining candidates for recruitment to the Delhi Police are indicated in the following paragraphs: medical Officer will satisfy themselves regarding each candidate on the following points in the order given. If a disqualifying defect is noticed the recruit will be rejected without further examination and appropriate entries made in the Recruits Register. Each eye must have a full field of vision as tested by hand movements. (a)That the vision is upto the following standard. (i) For Constables, Head Constables and Sub-Inspectors. Visual acuity (both eyes)6/12 without glasses. (ii) For drivers and Traffic visual acuity (both eyes) 6/12 w