Case Note & Summary
The case concerned a candidate selected by the Maharashtra Public Service Commission for the post of Agricultural Officer, Class II, who was denied appointment solely because he suffered from colour blindness. The appellant, Nandkumar Narayanrao Ghodmare, approached the Supreme Court challenging the State's refusal to appoint him despite his selection. On 27 March 1995, the Supreme Court issued notice and directed the appellant to provide details of the duties of the post and whether colour blindness would interfere with their discharge. The Court also directed the State to state its stand and, if necessary, refer the appellant for medical examination by an expert Government Ophthalmologist or Board. Despite this order, the State Government took no action. Subsequently, on 2 May 1995, the appellant filed an affidavit stating that, according to information he had secured, there were 35 posts in the Department of Agricultural Officer, Class II, and only five of those posts required perfect vision without colour blindness. He identified those five posts in the affidavit and contended that for the remaining posts, colour blindness was not an impediment to his appointment. The core legal issue was whether a selected candidate could be denied appointment solely on the ground of colour blindness when the majority of available posts did not require perfect vision, and whether the State's inaction despite the Court's order warranted a direction for appointment. The Supreme Court observed that the appellant's handicap was admitted, that he had been selected by the Public Service Commission, and that the State had failed to comply with the earlier order. The Court deemed it just and proper that the Government should consider the appellant for appointment to any post of Agricultural Officer, Class II, other than the five posts mentioned in the affidavit. The Court directed the appellant to enclose a copy of the affidavit filed before the Court to the concerned Department for considering his case. The Court further directed that the appointment should be made within two months from the date of receipt of the order. The appeal was allowed with no order as to costs. The decision reinforced the principle that a medical condition such as colour blindness should be evaluated in the context of the specific duties of the post, and that a candidate cannot be excluded from public employment where the disability does not affect the performance of the job.
Headnote
A) Service Law - Public Employment - Disability Discrimination - Colour Blindness - Not mentioned - The appellant, though selected by the Public Service Commission, was denied appointment due to colour blindness. The Supreme Court, noting the State's failure to respond to its earlier order and the appellant's affidavit that only five of thirty-five Agricultural Officer posts required perfect vision, directed the State to consider the appellant for appointment to any other post and to complete appointment within two months. Held that colour blindness does not bar appointment to posts not requiring perfect vision (Para 1).
Issue of Consideration
Whether the State's refusal to appoint a selected candidate with colour blindness to the post of Agricultural Officer, Class II, was justified when only five out of 35 posts required perfect vision, and what relief should be granted given the State's non-compliance with the Court's earlier order.
Final Decision
The appeal was allowed; the Supreme Court directed the Government to consider the appellant for appointment to any post of Agricultural Officer, Class II, other than the five posts mentioned in the affidavit, and to make the appointment within two months from receipt of the order. No costs.
Law Points
- A candidate selected by Public Service Commission cannot be denied appointment solely due to colour blindness for posts not requiring perfect vision
- Government is bound to comply with court orders regarding medical examination and duty assessment
- Appointment direction issued to consider candidate within two months excluding identified posts
