Heard Mr. PKR Choudhury, learned counsel for the petitioner and Mr. S Sarma, learned senior Central Govt. Counsel.

2. The present case relates to the petitioner, a Constable (GD) in the Indo Tibetan Border Police Force (ITBPF), who was released and discharged from service with effect from 31.1.2011 on being declared colour blind.

3. The petitioner’s case in brief is that the petitioner had taken part in the selection process for selection to the post of Constable GD in the Indo Tibetan Border Police Force (for short ‘ITBPF’). The petitioner was thereafter offered appointment to the post of Constable GD in the ITBPF vide Memorandum dated 6.6.2007 and it was stipulated in paragraph 6 of the said Memorandum that if the petitioner did not join by 9.7.2007, it would be presumed that the petitioner was not interested to serve in the ITBP and offer of appointment would be liable to be terminated.

4. The petitioner’s counsel submits that the petitioner, thereafter, joined the post of Constable (GD) on 7.6.2007. The petitioner’s counsel submits that the petitioner had undergone medical check-up during the selection process and even after joining of his post. In both the med