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2024 Supreme(Online)(CAT) 2479
CENTRAL ADMINISTRATIVE TRIBUNAL
HON’BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, HON’BLE SHRI KUMAR RAJESH CHANDRA, JJ
Ranjeet Singh Kourav – Appellant
Versus
M/o Defence – Respondent
O.A./464/2016
Shri Anshuman Singh, Shri S.P. Singh
Color blindness is a valid disqualification for technical posts, and employers have the discretion to determine medical fitness based on job requirements.
Headnote:(A) Ordnance Factory Board Pre-Employment Medical Examination Guidelines - Colour blindness as a disqualification for technical posts - Applicant denied appointment as Junior Works Manager due to color blindness assessed in medical examination - The applicant's subsequent medical evaluations found him fit, but the employer maintained the disqualification based on job requirements. (Paras 2, 3, 5, 6)
(B) Employer's discretion in medical fitness - The employer has the inherent right to determine medical fitness for appointment, and courts cannot interfere with medical opinions unless there is clear illegality. (Paras 7, 8)
Facts of the case:
The applicant applied for the post of Junior Works Manager and was initially recommended but was found color blind in the medical examination, leading to denial of appointment. Subsequent evaluations showed he was fit, but the employer upheld the disqualification based on job requirements.
Findings of Court:
The court found that the employer acted within its rights in determining the applicant's medical fitness based on the nature of the job.
Issues: The main issues were whether the applicant's color blindness should disqualify him from the post and the extent of the employer's discretion in medical fitness determinations.
Ratio Decidendi: The court ruled that color blindness is a valid disqualification for the post of Junior Works Manager due to the nature of the job, and the employer's decision regarding medical fitness is not subject to judicial interference unless it is shown to be improper.
Result: Original Application dismissed.
By Justice Akhil Kumar Srivastava, JM;
- By way of this Original Application, applicant has sought for setting aside of impugned orders dated 08.07.2015 (Annexure A/4) and 23.09.2015 (Annexure A/9) whereby he has been denied appointment on the post of Junior Works Manager (Mechanical Group B) Gazetted post on account of colour blindness in the medical examination.
2. Briefly stated, the facts of the case are that the applicant had applied for the post of Junior Works Manager (Mechanical) against the advertisement published in employment news dated 8-14.06.2013 (Annexure A/1). After qualifying in written test, interview Union Public Service Commission has declared the result for 154 posts of Junior Works Manager (Mechanical) and accordingly they were recommended for appointment to the said post in Ordnance Factory Board wherein his name was at Serial No.1 (Annexure A/2). The respondent-department issued a letter dated 18.11.2014 (Annexure A/3) regarding acceptance to join the service and submission of medical certificate of fitness from State /District Medical Board of a State Government Hospital for appointment of said post. Accordingly applicant submitted medical board certificate of Civil Surgeon cum hospital Superintendent Narsinghpur to respondent No.2. Vide office order dated 08.07.2015 (Annexure A/4) respondents intimated that medical board has assessed him as Color Blind. The matter was put up to the competent for consideration and was not considered fit for being officer appointment on the said post. Hence no further action can be taken to issue appointment letter. Thereafter he got examined himself for the said disease and consulted Doctor Rishab Jain, eye specialist. He got treatment and fully recovered from the said disease and also wrote a letter (Annexure A/5) to the respondent No.2 regarding different types of color blindness which is curable. Thereafter applicant again got examined himself by the Medical Board of Civil Surgeon District Hospital Jabalpur on 10.10.2015 (Annexure A/6) and also got examined by the same Medical Board of Civil Surgeon cum Hospital Superintendent Narsinghpur on 14.10.2015 (Annexure A/7) wherein he was found fit and no disease of color blindness was found in the eye of the applicant. He made an application dated 11.08.2015 (Annexure A/8) for reconsideration of his case as he was found completely fit from the said disease. Respondents vide impugned order dated 23.09.2015 (Annexure A/9) turned down his application on the ground that as per advise of medical expert color blindness is genetic non curable defect and there is no comment/endorsement on the aspect of colour blindness on the fresh medical board certificate dated 10.08.2015. Hence this Original Application.
3. Respondents in their reply have stated that as per "Pre-Employment Medical Examination Guidelines" issued by Ordnance Factory Board on 15-06-2006 "Colour Deficient applicants are able to safely perform all jobs except those that require ability to differentiate colours correctly such as; Industrial staff dealing with machines involving recognition of colored signals, Technicians engaged in laboratory work & chemists, Crane operator & Points men, Draughtsmen, Driver of all categories, Electricians, Doctors, Lab Technicians & Chemists, Scientific Assistants, Durwan/Security Personnel, Pilots, certain ground staff Occupation in Shipping, Railways, design & art, Cloth & paper production, Electronic assembly, Navigation, CAD operators, Job involving colored cables, Fire Fighters, Electronic Technicians, Panel operators, other occupations where perception of color is considered essential. All such jobs required normal color vision for proper pursuit and color blindness is a disqualification for these jobs. Since applicant had applied for the post of JWM which is with job content of technical nature. Further it is submitted by the respondents that the applicant has not applied as a physically handicapped (in short PH). Even if he
