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A. Y. KOGJE
MAHENDRASINH BABUBHAI PARMAR – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. RULE. Learned AGP Mr. Ayaan Patel waives service of Rule on behalf of the respondents.
2. The present petition is filed seeking direction of this Court to appoint the petitioners as Lokrakshak (Constable) Unarmed (Male) SEBC category with all consequential benefits, back wages and to direct the respondents to issue appointment letter with a further direction to quash and set aside unfit certificate issued by the respondents.
2.1 It is the case of the petitioners that pursuant to advertisement No. PRB/201415/1 for direct recruitment of various posts of PSI, ASI, Armed and Unarmed Police Constables-Class-III, the petitioners, being eligible and qualified, applied for the same. The petitioners successfully cleared written and main examination and oral interview. The petitioners were informed about his selection in the unarmed category.
2.2 After selection, the petitioners were sent for medical examination at Civil Hospital, Surat, where they were declared unfit as having colour vision blindness.
3. According to learned Advocate for the petitioners, this issue is very much covered by the decision of the Coordinate Bench of this Court as well as decision of Divisi
Disqualification -In case any candidates are sought to be disqualified on the ground that they suffer from colour blindness, there has to be a specific provision in the rules providing for such disqu....
Though the petitioner is entitled to the benefit of service from the date when he should have ordinarily been appointed on being selected, yet it would not be appropriate to treat the earlier period ....
The judgment establishes that specific provisions in the rules are necessary to disqualify candidates on the ground of color blindness.
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