ORAL JUDGMENT

1. In the present writ petition, the petitioner has prayed for quashing and setting aside the order dated 14.03.2014 passed by the Superintendent of Police, Kachchh-Bhuj and also sought direction of appointing him on the post of Lok Rakshak Unarmed Constable.

2. It appears that the petitioner had applied for the post of Lok Rakshak pursuant to the advertisement issued in the year 2011 and after undergoing the recruitment process, he was placed in the provisional merit list at Sr. No.1545. Thereafter, his medical examination was conducted and ultimately, he was declared medically unfit vide communication dated

14.03.2014.

3. Learned advocate for the petitioner has submitted that the issue is squarely covered by the various decisions of the Division Bench of this Court as well as the Coordinate Benches of this Court, whereby the Lok Rakshak, who are declared as medically unfit on the ground of color blindness have been directed to be reinstated in service. He has submitted that the case of the petitioner is also squarely covered by such decisions. He has placed reliance on the order dated 18.02.2019 passed in Special Civil Application No.483 of 2019. Thus, he has submitted that appropriate directions may be issued directing the respondent authority to appoint the petitioner on the post of Lok Rakshak.

4. Per contra, learned Assistant Government Pleader Mr.Rohan Shah has submitted that there are various decisions of the Division Bench of this Court as well as the Coordinate Benches of this Court on the same issue and in some of the judgements, the Coordinate Benches have taken a view that the petitioners, who have belatedly approached this Court, would not be entitled to the benefits of the judgements rendered by this Court and reliefs have been granted only to those recruitment process which have taken place after 2016. He has submitted that views of the Coordinate Benches are confirmed by the Division Bench of this Court. In support of his submissions, he has placed reliance on the order dated 27.11.2019 passed in Special Civil Application No.1813 of 2019, which is confirmed by the Division Bench of this Court vide order dated 04.02.2020 passed in Letters Patent Appeal No.131 of 2020. Further reliance is placed on the order dated 06.08.2020 passed in Civil Application No.1643 of 2020 in Letters Patent Appeal No.397 of 2020 in Special Civil Application No.12147 of 2019.

5. I have heard the learned advocates for the respective parties and perused the various judgements as pointed out by the learned advocates for the respective parties.

6. In the present case, it is not in dispute that the recruitment process was undertaken in the year 2011. The petitioner was informed on 14.03.2014 that he is not entitled for the appointment to the post of Lok Rakshak due to his medical unfitness. Though in the writ petition, the petitioner has stated that he is declared medically unfit on the ground of colour blindness, nothing is produced on record with regard to the same. The communication dated 14.03.2014 only refers to the denial of appointment to the post of Lok Rakshak because of his medical unfitness. Be that as it may, it is not in dispute that by various judgements, the Court has directed the respondent to appoint the Lok Rakshak, who have been declared as unfit because of the colour blindness, however, this Court has rejected the writ petitions, which are filed belatedly.

7. The order dated 18.02.2019 passed in Special Civil Application No.483 of 2019 (Annexure-D)refers to the various judgements including the judgement rendered by the Division Bench of this Court. I may refer to the judgement rendered in the case of Rajdeepsinh Takhatsinh Zala Vs. State of Gujarat being Letters Patent Appeal No.1136 of 2018 decided on 02.11.2018. A perusal of the aforesaid judgement would reveal that the petitioner/appellant therein had immediately challenged the inaction of his termination on the ground of medical certificate by filing Specia