1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2895 OF 2007 Azhar Kaifi Mashruwala s/o Gafoor Mohd., Age-45 years, Lab. Technician, Dist. Health Laboratory, Jalna, C/o- S.M. Quadri, H. No.1-22-47/1, Shahabazar, Aurangabad. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through the Director of Health Services, M.S., Mumbai, 2) The Deputy Director, Public Health Services, In-charge State Public Health Laboratory, Pune-411 001, 3) The Junior Scientific Officer, Dist. Public Health Laboratory, Jalna. ...RESPONDENTS. ... Mr. A.S. Deshpande Advocate for Petitioner. Mr. D.R. Kale, A.G.P. for Respondents. ... CORAM: NARESH H. PATIL AND N.D. DESHPANDE, JJ. 2 DATE : 23RD MARCH, 2010. PER COURT : 1. Heard learned counsel for the parties. Perused the impugned notice Exhibit-D dated 19th June, 1997 which was the subject matter of challenge before the Tribunal. 2. From the record placed before us, it is clear that the employer had asked for Medical Fitness Certificate in respect of Petitioner's services as Laboratory Technician. The Tribunal considered the issue and reached appropriate and reasonable conclusions in respect of the matter. The Petitioner approached the Tribunal before any Certificate in respect of medical fitness of the Petitioner could be produced before the appropriate authority for holding the present post of Laboratory Technician. It is not disputed that the Petitioner had applied for higher post in the year 1995 but could not be appointed as it was found that he was suffering from 'colour 3 blindness'. 3. In the facts of the case, the Medical Certificate in respect of the Petitioner as required by notice dated 19th June, 1997 shall be produced before the appropriate authority and thereafter the authority would process the matter and take appropriate decision. 4. In this view of the matter, in exercise of the writ jurisdiction under Article 226 of the Constitution of India, we do not find any error in the view adopted by the Tribunal. The Writ Petition stands dismissed. [N.D. DESHPANDE, J.] [NARESH H. PATIL, J.] asb/MAR10/wp2895.07