ARAJANBHAI MOHANBHAI DABHI Vs. DIRECTOR GENERAL OF POLICE
HIGH COURT OF GUJARAT
Arajanbhai Mohanbhai Dabhi
DIRECTOR GENERAL OF POLICE
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(1.) Heard learned advocates appearing for the respective parties through video conferencing. Rule returnable
forthwith. Mr. Soaham Joshi, learned Assistant Government
Pleader waives service of notice of rule on behalf of
respondent State. With the consent of the learned advocates
for the respective parties, as the issue involved in these
petitions has already been decided by this court, the present
petition is being taken up for final hearing today.
(2.) In this petition, under Article 226 of the Constitution of India, the short question is whether the petitioner could
have been sidelined for being appointed to the post of
armed/unarmed police constable/Lokrakshak as per his
merit with all consequential benefits. As the issue involved
in the present matter has already been discussed in earlier
petitions, without delving into the facts in detail, the main
grievance of the petitioner is required to be looked into as to
whether they could be sidelined for such appointments on
the ground of his medical incapacity of colour blindness.
(3.) Ms. Mamta Vyas, learned advocate for the petitioner invited my attention to a common oral order dated
26.07.2018 passed in a group of petitions being Special Civil Application No. 15431 of 2017 and allied matters where
similar cases were considered. She submitted that the
aforesaid order of the learned Single Judge was carried in
appeal before the Division Bench of this Court vide Letters
Patent Appeal No. 1136 of 2018 and the appeal was allowed
vide judgement and order dated 02.11.2018.
3.1 Ms. Vyas has further drawn the attention of this court to the decision of the co-ordinate bench of this court rendered in Special Civil Application No. 3739 of 2018 on 08.04.2019 whereby this court after discussing various decisions of the Apex Court allowed the petitions and gave certain directions. She has also relied on a decision of this court rendered in Special Civil Application No. 3231 of 2020 with Special Civil Application No. 3236 of 2020 on 10.02.2020. ;
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