JUDGMENT :

BIREN VAISHNAV, J.

1. Rule returnable forthwith. Mr. Kurven Desai, learned Assistant Government Pleader waives service of notice of Rule for respondent-State.

2. With the consent of the learned counsels for the respective parties, the petition is taken up for final hearing today.

3. Heard Mr. Devendra N. Pandya, learned counsel for the petitioner and Mr. Kurven Desai, learned AGP for the respondents - State through Video Conferencing. Perused the record.

4. The petitioner belongs to the Scheduled Tribe Category. He was selected for the post of Police Constable (Police Protector) in the Unarmed Police Constable Department. It appears that by a communication dated 18.8.2020 in pursuance to a certificate issued by the M & J Institute of Ophthalmology, the petitioner's candidature for being selected to the post was rejected on the ground that he had been declared as 'unfit'. This is the subject matter of challenge in this petition. The petitioner, therefore, was declared as unfit on account of he being a color blind.

5. Mr. Devendra Pandya, learned counsel for the petitioner would submit that the issue is no longer debatable in view of the decisions of this Court in Special Civil