Allahabad High Court
Baij Nath vs Union Of India And Others on 4 October, 2013
Bench: B. Amit Sthalekar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?AFR
Court No. - 27
Case :- WRIT - A No. - 56949 of 2006
Petitioner :- Baij Nath
Respondent :- Union Of India And Others
Counsel for Petitioner :- J.K. Srivastava,Ashoak Kumar,G.P.Gupta,G.P.Singh,Gajendra.Pratap
Counsel for Respondent :- A.S.G.I.,S.C.,S.D.Singh
Hon'ble B. Amit Sthalekar,J.
The petitioner has filed this writ petition seeking quashing of the order dated 28.9.2006 by which offer of appointment made to him for the post of Technician Trainee/Fitter has been withdrawn on the report of the Medical Board as he was found suffering from the disability of defective colour vision.
Briefly stated, the facts of the case are that the petitioner had completed his apprenticeship training from the Hindustan Aeronautics Ltd., Transport Aircraft Division Kanpur, District Kanpur and thereafter in pursuance of a selection schedule for the post of the Technician Trainee/Fitter he applied and appeared in the written test and was declared successful and thereafter an offer of appointment was made to him. The offer of appointment was, however, cancelled by order dated 5.4.2005 on the ground that he had not been found medically fit. Aggrieved the petitioner filed a Writ Petition No.50339 of 2005, which was allowed by this Court by order dated 17.7.2006 and the impugned order dated 5.4.2005 was quashed and the Court observed that it is not for the Court to determine as to whether the petitioner is colour blind or not and whether his colour blindness is a disqualification and a disability from performing his duty and ultimately the matter is to be decided by the department by referring the matter to the Medical Board. In pursuance of this order the case of the petitioner was referred to a duly constituted Medical Board and the Medical Board has held that the petitioner suffered from defective colour vision, which was a disqualification for employment and in pursuance of the recommendation of the Medical Board the impugned order dated 28.9.2006 was passed withdrawing the offer of appointment made to the petitioner.
I have heard Sri J. K. Srivastava, learned counsel for the petitioner and Sri S. D. Singh, learned Senior Counsel assisted by Sri Diptiman Singh, learned counsel for the respondents.
It has been contended by the learned counsel for the petitioner that the criteria of eligibility with regard to colour vision was subsequently questioned by the Hindustan Aeronautics Ltd. itself and in their letter dated 9.7.2007 a query was made as to whether defective colour vision may be accepted for desk jobs like clerks, messengers etc. and there are technical areas like Methods, IMM, Production Control, Tool Design, MSD etc. where persons can do Desk Jobs. It was suggested that if the definition of Desk Job is extended to the above mentioned technical jobs also, rejection of the candidates on this count can be avoided. This letter dated 9.7.2007 is in the nature of query made by the Hindustan Aeronautics Ltd. Avionics Division, Korwa to the Director (personnel) HAL (Corporate) Office, Bangalore.
In reply to this query the Corporate Office HAL, Bangalore by its letter dated 8.8.2007, filed as Annexure-1 to the supplementary rejoinder affidavit, clarified that the Division may induct the candidates with defective colour vision, in Indirect Technical Departments like the ones mentioned above, where Desk Jobs are carried out, in relaxation of the Rules. The petitioner has also placed a chart which is an Annexure-1 to the HAL, Korwa letter dated 9.7.2007 and has submitted that some other persons who were also suffering from defective colour vision were recommended for jobs in the Methods, IMM, Production Control, Tool Design, MSD etc..This chart stands clarified by the Corporate Office letter dated 8.8.2007 and, therefore, relaxation of the Rules in the matter of appointment of persons suffering from defective colour vision has been restricted to the Desk Jobs only.
Sri S.D. Singh, learned counsel for the respondents on the other hand submitted that the job of Technician Trainee/Fitter is to fit and or overhaul engines of Air Craft (Dornier, HPT-32 and Avro) of the Indian Air Force, Indian Navy and Coast Guard which necessarily involves absolute correct colour vision inasmuch as wire connections involving wires of different colours have to be made while fitting or overhauling air crafts engines and therefore, the petitioner cannot be granted the benefit of relaxation.
Having heard learned counsels for the parties, it is noticed that although earlier there was a restriction on engagement of persons suffering from defective colour vision, subsequently a query was made by one of the departments of the Hindustan Aeronautics Ltd. Korwa on 9.7.2007. Along with this letter, a chart was appended showing the persons suffering from defective colour vision with a recommendation of the departments, in which they may be adjusted. These departments were Methods IMM, Production Control, Tool Design, MSD etc. In reply to the query the Corporate Office by its letter dated 8.8.2007 has clarified that the Division may induct candidates with defective colour vision, in Indirect Technical Departments like the ones mentioned above, where Desk Jobs are carried out, in relaxation of the Rules. The petitioner has been considered for selection on the post of Technician Trainee/Fitter where the nature of his job is that of fitting wires of different colours into the engines and other repair works of air crafts manufactured by HAL like Dornier HPT-32 and Avro), for purposes of the Indian Air Force, Indian Navy and Coast Guard. The nature of job offered to the petitioner is not a Desk Job, at least no averment to that effect has been made in the writ petition, the rejoinder affidavit or supplementary affidavit.
What should be the eligibility qualifications for a particular job has ultimately to be decided by the department itself and having regard to the nature of the job it is not for the Court to prescribe as to whether an eligibility qualification of colour vision should be relaxed or not at the cost of lives of pilots flying (Dornier HPT-32 and Avro) of the Indian Air Force, Indian Navy and Coast Guard. Having found the petitioner to be suffering from defective colour vision, this Court cannot sit in judgement upon the technical evaluations of the medical and physical condition of the petitioner. Even otherwise the petitioner was selected for appointment on the post of Technician Trainee (Fitter), therefore, he cannot claim appointment alternatively on a Desk Job for which no selection has been held.
Thus for reasons stated above I find no merit in the writ petition and the same is accordingly dismissed.
Order Date :- 4.10.2013
Asha
