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NIKHIL S. KARIEL
Uday Jagdishbhai Raval – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. Heard learned Advocate Mr. Sudhanshu Jha on behalf of the petitioner and learned Assistant Government Pleader Mr.Sahil Trivedi on behalf of the respondent – State.
2. By way of this petition, the petitioner challenges the decision of the respondents of declaring the petitioner unfit for the post of Lok Rakshak Unarmed (Male) on the ground of the petitioner suffering from the defect of colour blindness.
3. At the outset, learned Advocate Mr. Jha would submit that this Court vide decision dated 21.02.2024 in Special Civil Application No.20605/2023 and allied matter had decided a similar issue more particularly where the advertisement was of the year 2017 and whereas considering that the advertisement in the present case is of the year 2014-2015, the said decision would otherwise is squarely applicable.
4. This Court has perused the said decision and is in agreement with the submissions made by learned Advocate Mr. Jha.
5. Having regard to the same, paragraph nos. 3 and 4 of the said decision being relevant for the present purpose, are reproduced hereinbelow for benefit:-
The judgment establishes that specific provisions in the rules are necessary to disqualify candidates on the ground of color blindness.
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 ....
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