The central legal point established in the judgment is the significance of colour vision for security duties and the distinction between technical and non-technical jobs in determining eligibility for a specific position.

JUDGMENT :

1. Regard being had to the similarity of facts and identicalness of the question of law involved in this batch of writ petitions it was heard analogously and is disposed of by a singular order. For the sake of clarity and convenience the facts in W.P. No. 11209/2007 are exposited hereunder:

2. Invoking the extra-ordinary jurisdiction of this Court under Articles 226/227 of the Constitution of India the Union of India and its functionaries have called in question the legal acceptability and substantiality of the order dated 3-7-2007 passed by the Central Administrative Tribunal (for short 'the Tribunal') in Original Application No. 1118/2005. The facts which are imperative to be exposited are that an advertisement was published in the Employment News dated 16-1-2004 for filling up of the posts of Durwans in the Ordnance Factory, Kharaaria. After appearing in the written test and qualifying in the same an offer for appointment was made to certain candidates and they were directed to appear before the Civil Surgeons for medical examination. The District Medical Board examined three persons, namely, Rishi Kant Soni, Ram Lakhan Rajak and Jagdish Prasad Bangare. The Medical Board as far as the respondents are concerned expressed the opinion that he is partially colour blind and fit for Class IV in which the colour vision is not required such as labourer and non-technical jobs. On the basis of this medical certificate the respondent was treated to be unfit for appointment for the post of 'Durwan' and orders to that effect were issued. The respondent filed Original Application No. 931/2005 and other selected candidates filed Original Application Nos. 922/2005 and 1118/2005. All the three original applications were heard analogously by the Tribunal and disposed of by a singular order.

3. Before the Tribunal the respondent contended that as per the medical certificate issued by the Civil Surgeon he was not entitled to get the job of 'Durwan' as the said job is a technical job which requires colour vision. That apart, the provisions contained in the recruitment rules were placed reliance upon to show that the specifications for the post of 'Durwan' are (a) height without shoes 165 cms.; (b) chest unexplained 77 cms., expanded 82 cms., and (c) weight 45 kgs. It was also putforth that for the semi skilled post people with defective colour vision had been appointed. It was also canvassed that their services have been dispensed with without affording an opportunity of hearing.

4. A reply was filed by the answering respondents contending, inter alia, that the duties of 'Durwan' require colour vision and the decision to treat the applicant-respondent as unfit for the post of 'Durwan' was taken after examining the medical reports and after obtaining the opinion of the higher authorities that the person having the eye-sight below the acceptable level or night blindness or colour blindness should not be recruited for security duties. It was also the stand in the return that the case of mason (semi-skilled) is not comparable to that of a Durwan because of the difference in the nature of duties. The respondents also enumerated details of the nature of duties of 'Durwan'. The respondents produced the guidelines of pre-employment medical examination in Ordnance and Ordnance Equipment Factory issued by the Ordnance Factory Board in which it has been mentioned that colour blindness is a disqualification for the job of Durwan'. On behalf the applicant-respondent it was contended before the Tribunal that the guidelines were issued on 15-6-2006, i.e., much after the case of the applicant was decided.

5. The Tribunal perused the guidelines that was prepared by the Committee of Experts headed by the Chief Medical Officer of Ordnance Factory, Bolangir. The Tribunal referred to the need for issue of such guidelines. On a perusal of the same the Tribunal opined that suitability or otherwise of the candidate was based on the judgment of the