Dismissed

Shravan Singh S/O Shri Pratap Singh v. State of Rajasthan

Rajasthan HC27 Sept 2022CW/1476/2022

Case brief

AI extract

What is this about?

The petitioner challenged the rejection of his candidature for the post of Constable on grounds of defective Colour Vision. After a re-examination by a Medical Board confirmed the defect, the court held the rejection was justified and dismissed the writ petition.

What did the court decide?

The writ petition filed by the petitioner is dismissed; all pending applications are disposed of.

Shravan Singh S/O Shri Pratap Singh Vs State of… — Service and Employment | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 1476/2022

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Shravan Singh S/o Shri Pratap Singh, Aged About 24 Years, R/o Village And Post Jetawara, Tehsil - Reodar, District - Sirohi (Rajasthan)

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Ministry Of Home Affairs Government Of Rajasthan, Secretariat, Jaipur.

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Director General Of Police (Recruitment), Police Head Quarter, Lal Kothi, Tonk Road, Jaipur (Raj.)

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Superintendent Of Police, Bhiwadi (Rajasthan).

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----Respondents

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For Petitioner(s) : Mr. Manish Kumar Sharma For Respondent(s) : Mr. P.S. Naruka on behalf of Mr. Rupin Kala, GC

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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27/09/2022

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Instant writ petition has been filed by the petitioner with the

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following prayers:-

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“It is, therefore, most respectfully prayed that this Hon’ble Court may very graciously be pleased to allow/accept this writ petition and further be pleased to direct the respondents to the following effect:

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(I) By issuing writ, order of direction in the nature thereof thereby, quashed and set aside the order dated 02.09.2021 passed by the respondent.

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(ii) Issue an appropriate writ order or direction in the nature thereof thereby, Direct the respondents to allow the petitioner to give appointment on the post of Constable (General) Non TSP with all consequential benefits.

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(2 of 4)

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[CW-1476/2022]

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(iii) Issue an appropriate writ order or direction in the nature thereof thereby, direct the respondent to call the petitioner for fresh medical examination by the Medical Board constituted with qualified doctors at SMS Hospital at Jaipur or AIIMS Hospital at New Delhi/ Jodhpur.

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(iv) Any other order or direction which this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.

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(v) Cost of the writ petition is be also awarded in favour of the petitioner. ”

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Brief facts of the case are that the petitioner participated in the selection process for appointment on the post of Constable (General) in pursuance to the advertisement dated 04.12.2019 and after having been declared successful in the written examination, the petitioner was called for physical efficiency test and the result of the successful candidates was declared and the petitioner was not appointed by the respondents on the ground that Medical Test i.e. defective Colour Vision. Being aggrieved by non-selection of his candidature on the post of Constable (General), the petitioner has filed the present writ petition.

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This Court on 10.03.2022, passed the following order:-

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“Heard counsel for the petitioner. Issue notice to the respondent(s). Counsel for the petitioner may supply a copy of the writ petition in the office of Mr. Rupin Kala, GC during the course of the day.

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Office is directed to show the name of Mr. Rupin Kala, GC in the cause list.

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Meanwhile, the Superintendent, AIIMS, Jodhpur is directed to conduct the eye test of the petitioner by a Medical Board and submit the report of the Medical Board to this Court. The petitioner is directed to appear before Superintendent, AIIMS, Jodhpur along with the copy of this order on 21.03.2022.

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(3 of 4)

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[CW-1476/2022]

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Counsel for the respondent(s) may send their representative on 21.03.2022 before the Superintendent, AIIMS, Jodhpur, if they so desire.”

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Counsel for the petitioner submits that the respondents have wrongly rejected the candidature of the petitioner on the ground of Medical Test i.e. defective Colour Vision. Counsel further submits that in compliance of the order passed by this Court dated 10.03.2022, the petitioner again appeared before the Medical Board and the Medical Board submitted its report to this Court on 21.03.2022, with the opinion as under:-

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“ Ocular Examination Report:-

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. Unaided Distant Visual Acuity (Snellen’s Chart)-RE – 6/6 LE – 6/6

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. Near Visual Acuity (Snellen Near Vision Chart) – Both Eye – N6.

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. Binocular Single Vision – Present

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. Visual field (Both eye) – Normal

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. Colour Vision (Ishihara Test) –

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Defective

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. BE anterior segment examination

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Iris Heterochromia present.

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. BE posterior segment examination – Within Normal Limit.

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Impression – Defective Colour Vision

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with Bilateral Iris

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Heterochromia.

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Counsel appearing for the respondents submitted that in Medical Test conducted by the respondents, the eye of the petitioner is not as per criteria. Counsel further submits that the eye of the petitioner was re-examined by the AIIMS, Jodhpur and according to the report of the Medical Board the eye of the petitioner which is Defective Colour Vision with Bilateral Iris Heterochromia, therefore, he failed to qualify the criteria as mentioned in the advertisement, therefore, the petitioner is not

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(4 of 4)

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[CW-1476/2022]

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eligible for the post of Constable (General), therefore, prayed for dismissal of the writ petition.

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Heard counsel for the parties and perused the record.

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This writ petition filed by the petitioner deserves to be dismissed, for the reasons; firstly, in pursuance to the order passed by this Court dated 10.03.2022, the Medical Board of AIIMS, Jodhpur examined the eye of the petitioner and as per the Medical Board’s opinion dated 21.03.2022, the eye test of the petitioner comes to Defective Colour Vision with Bilateral Iris Heterochromia, which is not as per the Rules for appointment on the post of Constable (General) secondly; in my considered view, opinion of the Medical Board is an independent opinion, therefore, petitioner is not entitled for appointment on the post of Constable (General), lastly, action of the respondents denying appointment to the petitioner on the post of Constable (General) on the basis of Defective Colour Vision with Bilaterial Irish Heterochormia does not call for interference by this Court.

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In that view of the matter, the writ petition filed by the petitioner is dismissed.

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All the pending applications stand disposed of.

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(INDERJEET SINGH),J

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Upendra Pratap Singh /70

Shravan Singh S/O Shri Pratap Singh v. State of Rajasthan

Case brief

What is this about?

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Shravan Singh S/O Shri Pratap Singh v. State of Rajasthan

Case brief

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