JUDGMENT :

1. Heard learned Advocate Mrs.Mamta Vyas on behalf of the petitioner and learned AGP Mr.Utkarsh Sharma on behalf of the respondent State.

2. Issue Rule returnable forthwith. Learned AGP waives service of notice of Rule on behalf of the respondent State.

3. With the consent of the learned Advocates for the parties, the present petition is taken up for final hearing.

4. By this petition, the petitioner challenges a decision of respondent No.2 of not appointing the petitioner on the post of “Lok Rakshak (Constable) Unarmed” on the ground that the petitioner had been declared unfit in medical examination.

5. Learned Advocate Mrs.Mamta Vyas for the petitioner would submit that the petitioner had been selected for the post of Lok Rakshak through the process conducted by the respondent Authorities vide an Advertisement No.LRB/2018-19-1 published during the period 2018-19, and whereas the petitioner had cleared both the written as well as physical examinations and after verification of all requisite documents, the petitioner had been placed in the select-list at Sr. No.1567 (Confirmation No.23534642) published by the Recruitment Board concerned. Mrs.Mamta Vyas would submit that as per the procedure, the petitioner was required to undergo medical check-up. That after the preliminary medical check-up, the Residential Medical Officer, New Civil Hospital, Surat addressed a letter to the Chairman, Board of Referees, M & J Institute of Ophthalmology, Gujarat State, Civil Hospital, Asarva, Ahmedabad. According to Mrs.Mamta Vyas, in the said letter the Medical Officer opined that the eye vision of the petitioner was defective on account of colour blindness. It has been submitted that thereafter on 29.7.2020 Civil Hospital, Surat addressed a letter to the respondent No.1, on the basis of which the respondent No.1 passed the impugned order dated 18.8.2020, refusing to give appointment to the petitioner on the post in question, which necessitated the present petition.

6. Learned Advoate Mrs.Mamta Vyas would submit that the issue involved in the present petition is no more res integra more particularly in view of the fact that a decision of learned Single Judge of this Court had been confirmed by Hon’ble Division Bench, and the said judgement has been consistently followed by various decisions of this Court. Learned Advocate Mrs.Mamta Vyas has drawn the attention of this Court to a common oral order dated 26.7.2018 passed in a group of petitions being Special Civil Application No.15431 of 2017 and allied matters, where similar issues were considered. She would further submit that the above referred decision of the learned Single Judge was challenged before the Hon’ble Division Bench in Letters Patel Appeal No.1136 of 2018 and the said appeal was allowed vide judgement and order dated 2.11.2018. Mrs.Mamta Vyas has also drawn the attention of this Court to a decision of a Coordinate Bench rendered in Special Civil Application No.3739 of 2018 on 8.4.2019, whereby the Coordinate Bench, after eloberately discussing various decisions of the Hon’ble Apex Court, allowed the said petition and gave certain directions to the respondent Authorities therein. She also relies upon the decision of a Coordinate Bench passed in Special Civil Application Nos.3231 & 3236 of 2020 delivered on 10.2.2020 and submits that the case of the present petitioner is squarely covered by the above referred decision of this Hon’ble Court.

7. Learned AGP could not controvert the legal position inasmuch as this Court speaking through learned Single Judge as well as Hon'ble Division Bench has held that in absence of colour blindness not being one of the grounds as per the Rules based upon which the candidate could be disqualified.

8. Having regard to the submissions made by the learned Advocates for the parties, who have not submitted anything further, it appears that this Court (Coram: A.S. Suphehia, J.) in Dinesh G. K. Vs. State of Gujarat (SCA No.7638 of 2013) had inter alia h