Siddharth, J. - (1.)Heard Sri Bhagirathi Tiwari, learned Counsel for the petitioner and Sri Anoop Trivedi and Shri Ankush Tandon, learned Counsel for the respondents.
(2.)The petitioner has filed the above noted writ petition praying for quashing of the order dated 204.2016, passed by respondent no.3, Chief Human Resource Manager, Mathura Refinery, Mathura and a direction to the respondents to allow the petitioner to join the post of Junior Material Assistant, on the post reserved for physically handicapped and medically unfit, as per the condition of advertisement and norms of pre-medical examination for non technical post. Further direction has been sought directing the respondents to conduct proper pre-employment medical examination required for non technical post as per guidelines issued by Indian Oil Corporation Ltd.
(3.)The petitioner's case is that the respondent no.3, Chief Human Resource Manager, Mathura Refinery through advertisement No. MR/HR/Rectt.(PWD)/3/2015 under Special Recruitment Drive for Persons With Disabilities (PWD's) advertised seven posts (Group-C-Non-Gazetted) of Junior Engineer Assistant- IV (Electrical Maintenance), 02 posts, Mechanical Maintenance 02 posts (Instrumentation), 02 posts and Junior Material Assistant 01 post, all posts reserved for persons with disabilities (PWD's), as trainees for a period of 18 months on a consolidated stipend of Rs.15,250/- per month with other benefits regulated as per rules under Apprenticeship Act, 1961, Amendment Act 1973 in the relevant trade/discipline of the refinery, and the after training, the posts were to be absorbed in the regular scale of pay. The notification/ advertisement dated 30.09.2015, in condition no.2 selection methodology, stipulated in sub-para b that the candidates short listed on the basis of their performance in the Written Test and meeting the eligibility criteria shall be subjected to Personal Interview. Candidates will have to qualify at each stage of the selection process successfully and will have to meet the parameters of pre-employment medical fitness for being adjudged suitable for final selection. The petitioner submitted the application form in the prescribed format along with disability certificate as eligibility for the posts including other documents. The petitioner was found eligible and a list of candidates provisionally short listed for written test was notified for appearing to written test/ examination for the post of Junior Material Assistant and was issued admit card on 01.01.2016 for written test to be held on 24.01.2016. The petitioner was declared successful in the result of written test and the list of successful candidates against the seven posts advertised on 30.09.2015, including one post for Junior Material Assistant, selected for medical examination for trainee posts to appear for medical examination at Mathura Refinery on or before 3rd February, 2016 was notified by the respondents. The respondent no.4 through order dated 04.04.2016 intimated the petitioner that the petitioner was successful in the written test on 24.01.2016 and in the interview held on 25.01.2016 to the post of Junior Material Assistant Trainee but the Mathura Refinery Hospital in the subsequent medical examination found him partially colour blind, accordingly, the respondent no.4 declared the petitioner disqualified for the post and ordered for deposit of Rs.500/- for re-evaluation by medical board and decision to be binding. The respondents furnished under RTI the role and responsibility of Junior Material Assistant to be posted in two branches/sections, one purchase section and the second store section for receipt and custody and issue section. The job contents reveal that the post of Junior Material Assistant is non-technical post. The guidelines of pre employment medical examination stipulate in para 12, color vision shall be tested with ISHIHARA PLATES in good normal light for all candidates, 13 for Partial colour Blindness, the job description of the candidate shall be taken into consideration before final evaluation. Candidates should identify individual colours separately and pass Pink perception test. The medical rule of Indian Oil in para 6.20 about colour blindness is mandated only for Technical Discipline and Drivers. As the post of Junior Material Assistant does not come under Technical Discipline and Drivers, the same is not applicable. It is worth mentioning that the pre employment medical examination of the petitioner has neither been conducted as per guidelines, nor furnished the reports as per rules and details/ results of tests, resulting in the impugned order 22.04.2016 are arbitrary and irregular. The impugned order does not enclose the analysis result of medical examination for eye test. The test for colour blindness require recording for normal answer for sixteen and seventeen plates and the person reading 13 plates is regarded as normal. The applicant, for supporting the claim that his colour vision is normal, has obtained certificate dated 12.04.2016 by the competent eye specialist. The similar special recruitment drive for physically challenged candidates notified by Panipat Refinery advertised for the year 2009 for the post of Junior Material Assistant, clearly indicate that the post comes under non technical discipline. The post of the petitioner is of non technical discipline, as per job prescription, the impugned order is bad in law. Similar special recruitment drive for persons with disabilities for the post of Junior Material Assistant advertised in the year 2010 by Indian Oil Mathura Refinery clearly indicate that the post is non technical and the requirement of colour vision has not been made. Similarly is the post C-1 in railway department and visual standards indicate that the criteria for medical standards for the post of Chief Depo Material Superintendent, the requirement of colour vision has been dispensed with, as evident for the advertisement dated 26.07.2015 in similar posts. Accordingly the impugned order dated 22.04.2016 rejecting the petitioner and disqualifying him for the post of junior Material Assistant trainee in Mathura Refinery is discriminatory, against the advertisement, violating the norms and the post filled by the respondents in previous year and in other departments as the post is non technical. The respondent no.3 through impugned order has rejected the claim of the petitioner for being appointed to the post of Junior Material Assistant Trainee on the basis of decision of Board declaring him medically unfit on account of partial colour blindness without enclosing the result of medical Board and the analysis of tests if held as per norms. As such the impugned order is arbitrary, unreasonable and bad in law, when the petitioner is not suffering from any partial colour blindness as already admitted by the respondents on the basis of tests and certificate of eye specialist.