Vijaykumar Arajanji Thakor vs State Of Gujarat
2021 Latest Caselaw 5050 Guj

            C/LPA/628/2020                                   ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/LETTERS PATENT APPEAL NO. 628 of 2020

             In R/SPECIAL CIVIL APPLICATION NO. 9196 of 2020

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                         VIJAYKUMAR ARAJANJI THAKOR
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR.DEVENDRA H PANDYA(6462) for the Appellant(s) No. 1
MR. DHARMESH DEVNANI, Assistant Government Pleader for the
Respondent(s) No. 1,2
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 CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
        NATH
        and
        HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                               Date : 05/04/2021

                                ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

Heard Shri Devendra Pandya learned counsel for the appellant and Shri Dharmesh Devnani learned Assistant Government Pleader for the State.

2. Learned counsel for the appellant has placed before us order of Division Bench dated 2.2.2021 passed in Letters Patent Appeal No. 538 of 2020. He submitted that the present appeal is squarely covered by the aforesaid decision and as such similar order may be passed disposing of the present appeal.

3. Learned Assistant Government Pleader has pointed out that matter relied on is by un-armed police constable, whereas the present appeal is

C/LPA/628/2020 ORDER

by an armed police constable. In response, learned counsel for the petitioner submitted that the rules being the same there is no difference whether the appellant falls in the un-armed police constable category or under the armed police constable category.

4. In that view of the matter, we allow this appeal in the same terms and for the same reasons as judgment dated 2.2.2021 passed in LPA No. 538 of 2020. An operative portion of the order reads as under,

"6. Accordingly, we deem it proper to quash and set aside the order passed by the learned Single Judge and direct the authority to consider the case of the appellant - petitioner on the similar line on which several candidates have been considered for appointment to the post in question, ignoring the appellant's medical incapacity about colour blindness only and if nothing adverse otherwise is found against the appellant - petitioner, the respondent - authorities are directed to appoint the appellant - petitioner to the post in question and such decision about appointment to the petitioner shall be taken within a period of eight weeks from the date of the receipt of writ of this Court. It is needless to state that whatever benefits that are granted to the other candidates of similar petitions, the same shall be extended to the present appellant as well.

7. With the aforesaid observations, the present appeal is allowed and is disposed of accordingly"

(VIKRAM NATH, CJ)

(BHARGAV D. KARIA, J) C.M. JOSHI