Writ petition challenging rejection from Constable (Driver) post due to defective colour vision. Court confirmed Medical Board report and dismissed petition as action did not require judicial interference.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1488/2022
Ankush Singh S/o Shri Ramavtar Singh, Aged About 27 Years, R/o 98, Thakur Mohalla, Vpo- Jarga, Baseri, District- Dholpur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Manish Kumar Sharma For Respondent(s) : Mr. P.S. Naruka on behalf of Mr. Rupin Kala, GC
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
27/09/2022
following prayers:-
“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:
(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.
(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.
(iii) Issue an appropriate writ order or direction in the nature thereof thereby, direct
(2 of 4)
[CW-1488/2022]
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.
(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.
(v) Cost of the writ petition is be also awarded in favour of the petitioner.”
has filed the present writ petition.
“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. Office is directed to show the name of Mr. Rupin Kala, GC in the cause list. Meanwhile, the Superintendent, AIIMS, Jodhpur is directed to conduct the eye test of the petitioner by the 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. Counsel for the respondent(s) may send their representative on
(3 of 4)
[CW-1488/2022]
21.03.2022 before the Superintendent, AIIMS, Jodhpur, if they so desire.”
(4 of 4)
[CW-1488/2022]
(INDERJEET SINGH),J
Upendra Pratap Singh /71
2 issues framed by the court
Whether the High Court should interfere with the rejection of the petitioner's candidature for the post of Constable (Driver) due to defective colour vision.
Whether the opinion of the Medical Board regarding defective colour vision warrants appointment of the petitioner to the post.
Ankush Singh
State Of Rajasthan
Director General Of Police (Recruitment)
Commandant
INDERJEET SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
