Narayanrao Ghodmare Vs. State of Maharashtra & Ors  INSC 588 (30
K. Ramaswamy, K. Hansaria B.L. (J)
1995 SCC (6) 720 JT 1995 (8) 156 1995 SCALE (6)198
O R D
the appellant is handicapped because of colour blindness. He was admittedly
selected by the Public Service Commission but appointment could not be made on
account of his handicap. When the matter came up on March 27, 1995, this Court while issuing notice passed order as follows:-
"Petitioner should also give the nature of the duties he has to perform
and whether his colour blindness would interfere with the discharge of his
duties. Respondents also would state in this behalf of their stand. If it is needed,
they can also send the petitioner for medical examination by an expert
Government Ophtholmogist or Board." Despite the order, the Government took
no action in that behalf. On the other hand, the appellant had filed on May 2, 1995 an affidavit detailing that as per the information
he had secured, there were 35 posts in the Department and only five posts
required perfect vision without colour blindness.
five posts are mentioned in the affidavit. In other posts, colour blindness was
not an impediment for him to be appointed.
these circumstances, we deem it just and proper that the Government should
consider the case of the appellant to be appointed to any of the posts of
Agricultural Officer of Class II Service other than the 5 posts mentioned by
him his affidavit. The appellant should enclose a copy of this affidavit filed
before us to the Department concerned for considering his case. Appointment
should be made within two months from the date of the receipt of this order.
appeal is allowed. No costs.