Decided on July 14,2020

Nimeshkumar Sadashivbhai Chaudhari Appellant


BIREN VAISHNAV, J. - (1.) Heard learned advocates appearing for the respective parties through video conferencing. Rule returnable forthwith. Ms. Divyangana Jhala, 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 petition has already been decided by this court, the present petition is being taken up for final hearing today.
(2.) In these 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 petition, without delving into the facts in detail, the main grievance of the petitioner is required to be looked into as to whether he could be sidelined for such appointment on the ground of his medical incapacity of colour blindness.
(3.) Mr. Devendra Pandya, learned advocate for the petitioners invited my attention to a common oral order dated 26.07.2018 passed in a group of petition being Special Civil Application No. 15431 of 2017 and allied matters where similar cases were considered. He 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 Mr. Pandya 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 petition and gave certain directions. He 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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