IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 32108 of 2004(V) ---------------------------------------- PETITIONER(S): ----------------------- BIJU K.N., KAVUNKAL HOUSE, MUKKADA, KARTHIKAPURAM P.O., KANNUR DIST. BY ADV. SRI.B.PREMNATH (E) RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, KERALA STATE, THIRUVANANTHAPURAM-10. 3. ADDITIONAL DIRECTOR GENERAL OF POLICE (TRAINING), KERALA POLICE ACADEMY, R.V.PURAM, THRISSUR. 4. INSPECTOR GENERAL OF POLICE (TRAINING) & JOINT DIRECTOR, KERALA POLICE ACADEMY, R.V. PURAM, THRISSUR. 5. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. R1 TO R4 BY GOVERNMENT PLEADER SRI.SANDESH RAJA R5 BY ADV.SRI. ALEXANDER THOMAS,SC FOR KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S.SIRI JAGAN, J. ----------------------------------------- W.P.(C) NO. 32108 OF 2004 ---------------------------------------- Dated this the 27th day of January, 2011. JUDGMENT Pursuant to applications submitted by the petitioner for appointment to the post of Sub Inspector of Police, the Kerala Public Service Commission included the petitioner in the rank list prepared and advised the petitioner in the post but on medical examination finding the petitioner to be suffering from colour blindness, he was not given appointment. Subsequently, his advice also was cancelled. It is under the above circumstances, this writ petition has filed seeking the following reliefs: “a) Call for the records connected with the ; b) Issue a writ of Certiorari or other appropriate writ or order quashing Ext.P6 and P7 memos issued by the 4th respondent and Ext.P8 and P9 orders passed by the 2nd and 5th respondent respectively and direct them to appoint the petitioner in the post of the S.I of Police (trainee) (General Execution Branch); c) Issue a writ of mandamus or other appropriate writ or order directing the 2nd respondent to re-consider the representation of the petitioner dt.21/6/2004 on considering the averments made in this writ petition also, and pass orders after granting him an opportunity of being heard. d) Pass other appropriate orders as this Hon'ble Court deem fit and proper in the circumstances of the case.” It is trite law that a person who is colour blind, cannot be a member of the police force. Therefore, the medical condition of the petitioner makes him ineligible to be appointed as Sub Inspector. From the records, I find that twice he was subjected to W.P.(C) NO. 32108 OF 2004 2 medical examination and it was found that he is colour blind. Therefore I am not inclined to entertain the challenge against the action of the respondents. Accordingly, the writ petition is dismissed. S.SIRI JAGAN, JUDGE mns