Guj HC | Decision declaring a colour blind unfit for post of Electrical Assistant upheld

Gujarat High Court: Biren Vaishnav J. while deciding on a petition under Art 226 of the Constitution pertaining to prayer of the petitioner to quash his unfit certificate dated 25-01-2022, gave an order dismissing the petition.

The petitioner was declared colour blind and hence unfit for the post of Electrical Assistant by Jamnagar Civil Hospital & Civil Hospital, Ahmedabad. The Court placed reliance on the decision by its decision in Special Civil Applications No. 6217 of 2021 with 8611 of 2020 on 08-02-2022 where it was observed that colour blindness is not a disqualification included in the standards of physical fitness but after examining the nature of duties of Electrical Assistant, he has to deal with live wires, especially during the installation where the colour of the wires is of prime importance. The relied decision justified the denial of appointment to the post of Electrical Assistant.

Therefore, the Court found no fault with the Corporation’s decision of issuing the unfit certificate and the petition was subsequently dismissed.[Bhavesh Khimabhai Pandit v. State of Gujarat, R/Special Civil Appl. No. 2916 of 2022 decided on 11-02-2022.]


Appearance:

For Petitioner: Ms Shubha B. Tripathi

For Respondent: Mr Kurven Desai, Asstt. Govt. Pleader/PP


Suchita Shukla, Editorial Assistant has reported this brief.

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