1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.06.2011 CORAM: THE HONOUABLE MR.JUSTICE K.VENKATARAMAN Writ Petition (MD).No.1596 of 2011 M.Saravanakumar S/o.V.Meenakshi Sundaram D.No.25/A, Crime Branch Police Quarters South Veli Street, Madurai-1. . . Petitioner Vs. 1.The Director General of Police, Office of the Director General of Police Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004. 2.The Commissioner of Police, The Commissionerate of Police, Madurai-625 001. 3.The Dean Madurai Medical College/ Government Rajaji Hospital Madurai-625 020. 4.Dr.K.Sridhar, M.S.,D.O., Reg.No.38943, Professor of Ophthalmology Senior Civil Surgeon Government Eye Hospital Egmore, Chennai-600 008. 5.The Principal Secretary to the Government, Home Department, Secretariat, Chennai-600 009. . . Respondents (R5 impleded as party respondent as per the order of this Court dated 27.04.2011 in M.P.(MD).No.1/2011) Writ petition is filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus calling for the records relating to the order passed by the second respondent vide Na.Ka.No.B1/63367/238/2010, dated 10.01.2011 and quash the same and consequently directing the respondents 1 and 2 to recruit the petitioner as Grade-II Police Constable in the Armed Reserve on the basis of the Eye Fitness Certificate issued by the 4th respondent dated 03.02.2011 and further consequently allow him to attend the training which has started on 01.02.2011 for his selection-mates. For Petitioner : Mr.G.Thiagarajan For Respondents: Mr.T.S.Mohammed Mohideen Additional Government Pleader ORDER Challenging the order of the second respondent dated 10.01.2011 and consequently seeking a direction to direct the respondents 1 and 2 to recruit the petitioner as Grade II Police Constable in the Armed Reserve i i i i i https://hcservices.ecourts.gov.in/hcservices/ 2 him to attend the training which has started on 01.02.2011 for his selection-mates, the present writ petition is laid. 2. The case of the petitioner in nutshell is stated hereunder: a) The petitioner appeared in the Selection to the post of Grade-II Police Constable. He came out successfully in the physical test as well as in the written test. Thereafter, he participated in the Medical Fitness Test conducted by the Government Medical Team. While so, the second respondent in his impugned order, dated 10.01.2011 rejected his selection on the ground that he was disqualified since there is a defect in his colour vision. He submitted representations dated 21.01.2011 and 26.01.2011 seeking for second medical test. b) Thereafter, he went to the Regional Institute of Ophthalmology and Government Ophthalmic Hospital, Egmore, Chennai-8 and subjected himself to eye test and obtained a certificate from the Professor, who has certified that he is fit for appointment as Police and the Professor has also certified that the petitioner's colour vision is normal. Therefore, he has come up with the present writ petition, challenging the order of the second respondent dated 10.01.2011. 3. On notice, the learned Additional Government Pleader appearing for the respondents has fairly submitted that the petitioner could be sent for Medical Board for Eye Test and the Medical Board will examine the petitioner through a Doctor once again to find out whether the petitioner's colour vision is normal or not. On doing so, the report will be conveyed to the petitioner. If the petitioner colour vision is normal, he will be considered for the post of Grade-II Police Constable. In fact, in the counter affidavit filed by the respondents in paragraph 10 it is stated as follow:- "10. Further based on the representations submitted by the petitioners a proposal for Second Medical Examination has also been sent to the Government for passing necessary orders vide reference noted against each. Sl.No Name of the Petitioner Ref.No & Date of the first respondent 1. M.SARAVANAKUMAR Regn.No.2402459 Madurai City (Provisionally selected as Gr.II PC(AR) Letter in Rc.No.22415/Rect.I (2)/2011 Dated 24.02.2011 addressed to the Principal Secretary to Government Home (Pol-3)Department, Chennai-9. 4. Considering the above submissions made by the learned Additional Government Pleader, I direct the second respondent, the Commissioner of Police, Madurai, to fix a date on which the petitioner could appear before the eye doctor for eye test so as to find out whether his colour vision is normal or not. On the said date, the petitioner has to appear for an eye test. If the petitioner colour vision is normal, it is needless to say that the respondents 1 and 2 have to consider the claim of the petitioner for appointment to the post of Grade-II Police Constable. The writ petition is disposed of in the above terms. No costs. jikr Sd/- Assistant Registrar[CO] /True copy/ https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Director General of Police, Office of the Director General of Police Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004. 2.The Commissioner of Police, The Commissionerate of Police, Madurai-625 001. 3.The Dean Madurai Medical College/ Government Rajaji Hospital Madurai-625 020. 4.The Professor of Ophthalmology Senior Civil Surgeon Government Eye Hospital, Egmore, Chennai-600 008. 5.The Principal Secretary to the Government, Home Department, Secretariat, Chennai-600 009. +1 cc to the Special Government Pleader, SR.No.19656. Order made in W.P.(MD).No.1596 of 2011 Dated:22.06.2011 3P/7C RPB 29.06.2011 https://hcservices.ecourts.gov.in/hcservices/