NANDKUMAR NARAYANRAO GHODMARE
A
v.
STATE OF MAHARASHTRA AND ORS.
OCTOBER 30, 1995
[K. RAMASWAMY AND B.L. HANSARIA, JJ.]
B
SeJVice Law :
Appointment-Appellant handicapped because of colour b/ind-
nes,-Selection by Public Se1vice Commission-Appointment not made due C
to handicap-Held, appellant may be considered for appointment on suitable
post.
The appellant was handicapped because of colour blindness. He was
selected by the Public Service Commission; but could not be appointed due
to his handicap. Having failed before the Maharashtra Administrative D
Tribunal, the appellant filed the appeal by special leave.
Allowing the appeal, this Court
HELD : It would be just and proper that the Government should
consider. the case of the appellant to be appointed to any of the posts of E
Agricultural Officer of Class II Service other than the 5 posts mentioned
by the appellant in his affidavit. The appellant should submit a copy of the
affidavit filed before this Court to the Department concerned for consider-
ing his case. Appointment should be made within two months. [566-EJ
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 9856 of F
1995.
From the Judgment and Order dated 28.2.94 of the Maharashtra
Administrative Tribunal, Bombay Bench in 0.A. No. 884 of 1993.
M.D. Adkar, S.D. Singh and Ejaz Maqbool for the Appellant.
G
D.M. Nargolkar for the Respondents.
The following Order of the Court was delivered :
Leave granted.
H
565
566
SUPREME COURT REPORTS [i995] SUPP. 4 S.C.R.
A
Admittedly, the appellant is handicapped because of colour blind-
ness. He was admittedly selected by the Public Service Commission but·
appointment could not be made on account of his handicap. When the
matter came up on March 27, 1995, this Court while issuing notice passed
order as follows :
B
"Petitioners should also give the nature of the duties he had to
perform and whether his colour blindness would interfere with the
discharge of his duties. Respondents also would stale in this behalf
of their stand. If it is needed, they can also sent the petitioner for
medical examination by an expert Government Ophtholmogist or
C
Board."
Despite the order, the Government took no action in that behalf. On the
other hand, the appellant had filed on May 2, 1995. an affidavit detailing
that as per the information he had secured, there were 35 posts in the
Department and only five posts required perfect vision without colour
D blindness. Those five posts are mention~d in the affidavit. In other posts,
colour blindness was not an impediment for him to be appointed.
E
Under these circumstances, we deem it just and proper that the
Government should consider the case of the appellant to be appointed to
any of the posts of Agricultural Officer of Class II Service other than the
5 posts mentioned by him in his affidavit. The appellant should enclose a
copy of this affidavit filed before us to the Department concerned for
considering his case. Appointment should be made within two months from
the date of the receipt of this order.
The appeal is allowed. No costs.
R.P.
Appeal allowed.
Lex