IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 7902 of 2009 Mritunjay Kumar, aged about 26 years, son of late Pawan Kumar Mahto, resident of Mohalla – Shivaji Nagar (Near SFC Godown), P O – Lal Bagh, P S – Town, District – Darbhanga - Petitioner Versus 1 The Union of India through Secretary, Department oc Communications and Information Technology, Government of India, Sanchar Bhawan, New Delhi – 110 001 2 The Post Master General, UP Circle, Lucknow – 226 001 3 The Assistant Director, Postal Service (Recruitment) C/o Chief Post Master General, UP Circle, Lucknow – 226 001 4 The Director Recruiting, Recruiting Office (HQ) 226, Mahatma Gandhi Road, Lucknow, Cantt – 02, Lucknow, Uttar Pradesh – 226 002 5 The Major, RTG, MED OFFR, BRO, Merut, Uttar Pradesh 6 The Lieutenant Colonel, Senior Recruiting Medical Officer, for Deputy Director General, Recruiting (UP & UK), Mukhyalaya Bharti Karyalaya, HQ Rtg Zone, 236, Mahatma Gandhi Road, Lucknow Cantt, Lucknow – 226 002, Uttar Pradesh - Respondents *** For the petitioner : Mr Kaushalesh Choudhary, Advocate For the respondents : Mr Rakesh Kumar Singh, CGC *** 4 15.10.2009 The petitioner had applied for Postal Assistant in the Department of Post, Government of India for deputation to Army Postal Service. He qualified in all respects. The Army authorities then carried out the last medical check up and he was declared medically unfit on grounds of colour blindness categorised as CP- IV. He got his vision tested at the All India Institute of Medical Sciences, New Delhi. He was categorised as CP-III. Still, he was not accepted by the Army. He came to this Court challenging the said criteria in CWJC No 8513 of 2006 which was disposed of on 23.09.2008 with a direction as under : “This writ application is, therefore, disposed with a direction to Respondent no 3 to 2 examine the eligibility of the petitioner in light of the aspects noticed in the present discussion and take a fresh decision with regard to the petitioner in accordance with law within a maximum period of four months from the date of receipt and/or production of a copy of this order. In the event, the Respondent proposes to pass an order prejudicial to the petitioner, he shall pass a reasoned and speaking order.” This Court had clearly observed that in Indian Air Force, CP-III/IV are acceptable standards for appointment for Airman Technical then how is it that in Army, it is a permanent disqualification. I may only add here that one has to keep another aspect in mind that is petitioner is not joining Army as a Soldier. He does not have to pick up arms and fight. He is to be a permanent employee of the Department of Post, Government of India and only deputed to Army Service in the Postal Wing. He is a civilian for all purposes. He does not get any rank in the Army. Thus, subjecting him to the rigors of Army Medical Standards would be arbitrary because arbitrariness implies equals being treated unequally as also unequals being treated equally. This is a well established facet of Article-14. It is this consideration that was required to be done by the authorities in respect of petitioner’s selection. The review Medical Board has merely reiterated its earlier stand and disqualified the petitioner. There has been no consideration, much less conscious consideration, of direction of this Court passed earlier. In such a view of the matter, I am left with no option but to set aside the order of the Army authorities, as contained in 3 Annexure-9/1 being order dated 20th February, 2009 where he has been found unfit and remand the matter for a fresh consideration in terms of order passed earlier in CWJC No 8513 of 2006 dated 23.09.2008 as well as order passed by this Court today. At the cost of repetition, the order must be a speaking order and further it must be passed within 2 months of production of a copy of this order before the concerned authority. If, on consideration, petitioner is now declared eligible for the said appointment in the Department of Post for deputation to Army, he shall be immediately appointed accordingly. The writ application is, accordingly, disposed of. M.E.H./ (Navaniti Prasad Singh)