R.R.K. Trivedi, M. Katju - (1.) HEARD learned counsel for the petitioner and the learned Standing Counsel. This writ petition has been filed challenging the order dated 8.9.1981 declaring the petitioner unfit for the post of Sub Inspector in the police department on the ground of colour blindness. At the time of admission of this petition, an interim order was passed to the following effect: Meanwhile, the petitioner will be permitted to take his training at Police Training College, Moradabad, but the same shall be subject to the final orders of this Court.
(2.) TODAY , a supplementary affidavit has been filed in which it has been stated that after completing the training the petitioner was allowed to join the post of Sub Inspector and he has already served for 16 years on the post and his services have also been regularised as Sub -Inspector. Learned counsel for the petitioner has submitted that during the entire service of 16 years no physical incapacity has been noticed in the petitioner and he has discharged his duties to the satisfaction of the authorities. Learned counsel has also stated that writ petition involving identical question, namely Writ Petition No. 736 of 1979 - -Vinod Kumar Singh and others v. Dy. Inspector General of Police, has been finally allowed and the candidates resumed their training and they were cleared by Special Medical Board constituted to examine the candidates. Considering the facts and circumstances of the case and also taking into account the fact that no counter affidavit has been filed and the averments made in the writ petition stand unrebutted, we allow this petition and quash the impugned order dated 8.9.1981. There will be no order as to costs.;