IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.6317/2010 Decided on:6.4.2011 _____________________________________________ Sachin. …Petitioner. Versus State of H.P. and others. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No For the petitioner : Mr. Ajay Sharma, Advocate. For the Respondents: Mr. Anshul Bansal, Add, A.G. with Mr. Vikas Rathore, Dy. A.G. and Mr. R.P. Singh, Asstt. A.G. for respondents No. 1 to 4. Ms. Salochana Kaundal, Advocate for respondent No.5. _____________________________________________________ Rajiv Sharma, Judge (oral). Respondent-State initiated the process of filling up the posts of constables in 6th India Reserve Battalion. Petitioner submitted an application for considering his candidature. He qualified the ground test, written test and personality test. The Court had directed respondent-State to produce the record on 17.3.2011. In sequel thereto, records have been produced by A.S.I. Smt. Vijay Kumari. She has also placed on 1 Whether reporters of the local papers may be allowed to see the judgment? No 2 record copy of letter dated 28.1.2011 whereby name of petitioner is at Sr. No. 1 in general unreserved category. Petitioner was medically examined before offering him appointment. His case was referred to Medical Board at P.G.I. Chandigarh by the Chief Medical Officer, Una. The Medical Board has given the following opinion: "The Medical Board consisting of medical board members i.e. Dr. Ramandeep Singh, Dr. Pandurang Kulkarni and Mr. P. Singh examined Mr. Sachin, 20 years M, s/o Sh. Shah Singh r/o vill. & P.O. Behdala Una Himachal Pradesh vide CR No. 201101335406, File No.AEC GEN 330687 was examined on 7.2.2011 in the Advanced Eye Centre, PGMER, Chandigarh. On his examination, his best corrected visual acuity was 6/6 in the both eyes. His IOP was 18mmHg respectively. Fundus examination did not reveal any abnormality. He has red and green colour deficiency on Ishihara Chart. Patient read 1/25 plates on Ischihara Chart. On E. Lantern test, he is able to identify red and green colour at the distance of 5mt with full and aperture No.2.” 2. In sequel thereto, Chief Medical Officer has issued the certificate on 11.3.2001 whereby he has certified that though the petitioner suffers from colour blindness on the basis of the opinion of the Medical Board, however, this was not a disqualification for doing job in the office of Superintendent of Police, Una. These documents, i.e. certificate and medical examination report, have also been placed on record by the respondent-State. The Court is of the 3 considered view that the petitioner may not be physically fit for discharging routine duties of a Constable; however, he can discharge the duties of a Constable (Clerical/Ministerial). This question has also been gone into by this Court in CWP-T No. 4520/2008, titled Hoshiar Singh versus State of Himachal Pradesh and others and connected matter decided on 5.3.2010. 3. Accordingly, in view of the observations and discussions made hereinabove above, the petition is disposed of with directions to the respondents No.1 to 4 to offer appointment letter to the petitioner to the post of Constable (Clerical/Ministerial), if the post is available, within a period of two months, after the production of certified copy of this judgment by the petitioner. No costs. (Rajiv Sharma), Judge 6.4.2011 *awasthi*