The court reaffirmed the need to respect newer recruitment standards, allowing reconsideration of a terminated employee's suitability based on updated visual criteria.

1 “CAPFs”, hereinafter

2. After this appointment, the petitioner was again medically examined on 23 April 2018 and found to be unfit on account of his colour vision standard being CP-IV.

3. The petitioner was thereafter issued two show cause notices on 23 April 2018 and 9 August 2019, calling upon the petitioner to show cause as to why his services be not terminated on the ground of unsuitability as his colour vision was of CP-IV grade.

4. The petitioner filed WP (C) 9852/2019 before this Court, seeking quashing of the show cause notice dated 9 August 2019. Pursuant to orders passed by this Court on 15 October 2019, the petitioner was re-examined in the Army Hospital (R & R), New Delhi on 9 November 2019 and once again declared unfit on the ground that he was suffering from defective colour vision of CP-IV grade.

5. In these circumstances, WP (C) 9852/2019 was dismissed by this Court vide order dated 2 December 2019.

6. Following this, by orders dated 5 December 2019 and 6 December 2019, the services of the petitioner were terminated.

7. The petitioner thereafter filed Review Petition 68/2020, seeking review of the judgment dated 2 December 2019 in WP (C) 9852/2019. In the review petition, the petitioner submitted that the earlier guidelines contained in notification dated 27 February 2013, issued by

the Ministry of Home Affairs2, had been superseded by the Guidelines for Recruitment, Medical Examination in Central Armed Police Forces and Assam Rifles, 20153. In an Annexure dated 18 May 2015 to the said guidelines, the following clause is to be found:

2 “2013 Guidelines”, hereinafter 3 “2015 Guidelines”, hereinafter

“The issue regarding the visual standards to be set for the CAPF and Assam Rif personnel had been under consideration in this Ministry particularly with regard to cases of Colour Blindness. ***** e. There are certain branches like law, pioneer, education, animal transport, barber, washermen, water carrier, cook, safai karamchari, gardner, cobbler, carpenter, electrician, etc. which can do with a colour perception standard of CP-IV as their job profile does not involve any activity that requires acute identification of colours from great distances. In rarest of rare cases they may be called upon to perform such duties, but the criteria for the whole induction cannot be made stringent in anticipation of a rarer eventuality which may never occur.”

8. The aforesaid review petition was disposed of by a Coordinate Division Bench of this Court by the following order dated 14 February 2020, which reads, thus:

“2. It is clarified that notwithstanding the dismissal of the Petitioner's writ petition by this Court, it will be open to him to make a representation to the Respondents in terms of the extant guidelines for redeployment in any other post. 3. If such representation if made within four weeks, it will be considered on its merits and a decision thereon will be taken by the Respondents within a further period of 12 weeks thereafter. The decision be communicated to the Petitioner within two weeks of it being taken. 4. The Review Petition is disposed of in the above terms.”

9. In pursuance of the liberty granted by the aforesaid order, the petitioner addressed a representation dated 2 March 2020 to the respondents, in