IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13526 of 2010 1. SANJAY KUMAR, AGED ABOUT 41 YEARS, SON OF SRI NARENDRA SINGH, RESIDENT OF VILLAGE- RAMDAULI, P.S.BIDUPUR BAZAR, DISTRICT -VAISHALI Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI 2. THE DIRECTOR GENERAL, C.R.P.F., BLOCK NO.1, C.G.O. COMPLEX LODHI ROAD, NEW DELHI- 110003 3. THE INSPECTOR GENERAL OF POLICE, BIHAR SECTOR, CRPF, PATNA 4. THE DEPUTY INSPECTOR GENERAL OF POLICE (ORGANISATION ), C.R.P.F. NEW DELHI 5. THE COMMANDANT, D.I.G.P., C.R.P.F. CALCUTTA 6. THE DIRECTOR (PERS), MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI. For the petitioner: M/S Rajendra prasad singh, Sr.advocate, Rajeev Kumar Singh, Advocate, Navjot Yeshu, Advocate. For the Union : M/S. Raghib Ahsan, Sr. Advocate, CGC. Pradip Narain Singh, CGC. ----------- 06. 11.10.2010 Heard learned counsel for the petitioner and the counsel for the Union of India. 2. Petitioner is aggrieved by the office order dated 24.5.2010, Annexure-1 passed by the Director General, Central Reserve Police Force affirming the resolution of the Departmental Promotion Committee holding him unfit for promotion on the ground that he suffered colour blindness. 3. It is submitted on behalf of petitioner that he has been declared unfit for promotion in the 2 light of the enlistment standard provided in the Standing Order No.4 of 2008, Annexure-1/B to this application, which provides that a person with colour blindness be categorized as SHAPE- V and boarded out from the force. It is submitted on his behalf that Standing Order No. 4 of 2008, Annexure-1/B has no application to the case of the petitioner as he has been recruited in the Ministerial Cadre of the force with knowledge that he suffered colour blindness at the time of recruitment itself. Such submission is being made with reference to the findings recorded in the recruitment roll maintained in connection with the recruitment of the petitioner, Annexsure-14 to the rejoinder affidavit, perusal whereof indicates that at the time of recruitment on the post of A.S.I. in the Ministerial Cadre the authorities were aware that petitioner suffered defective colour vision, yet he was appointed on the post of A.S.I. Ministerial cadre. The recruitment roll bears the signature of the Medical Officer In-charge. As petitioner was recruited with clear knowledge that he suffers from colour blindness, in his case colour blindness, cannot be taken as disadvantage for promotion. The instructions of the Ministry of Home Affairs also provide that the cases of colour blindness if detected 3 in the appointees after 17.5.2002 such person shall be placed as SHAPE-V and be boarded out as per the laid down procedure for “disability”. 4. Petitioner having recruited in the ministerial cadre in the year 1994 with clear knowledge that he suffers from defective colour vision, such defect in his eyes cannot be taken as disadvantage for his promotion in the Ministerial cadre. Accordingly, the order dated 24.5.2010, Annexure-1 upholding the resolution of the Departmental Promotion Committee declaring the petitioner unfit for promotion on the ground of colour blindness together with the resolution of the Departmental Promotion Committee declaring the petitioner unfit for promotion on the ground of colour blindness is quashed with direction to the Departmental Promotion Committee to reconsider the matter. 5. This writ application, is accordingly, disposed of. Ibrar/- ( V. N. Sinha, J.)