Vidyapati Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.840 of 2014 In Civil Writ Jurisdiction Case No.11356 of 2013 ====================================================== Vidyapati Paswan, Son of Vijay Kumar Paswan, resident of VillageGhorsardapur, P.O- Chigree, P.S- Kusheswar Asthan, District- Darbhanga. ... ... Appellant

Versus

1.

The State Of Bihar.

2.

The Director General- Cum- Inspector General of Police, Bihar, Patna. 3.

Central Selection Board through the Chairman, Patna Bihar 4.

The Railway Superintendent of Police, Muzaffarpur. ... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Mr.Mani Bhushan Kumar, Advocate For CSBC :

Mr. Sanjay Pandey, Advocate Mr. Binod Kumar Mishra, Advocate Mr. Vivek Anand Amritesh, Advocate For the Respondent/s :

Mr. Saurabh Kumar, AC to SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 02-04-2024 The present L.P.A. is of the year 2014. Matter relates to selection and appointment to the post of Constable. Appellant has assailed the order of learned Single Judge dated 09.04.2014 passed in C.W.J.C. No. 11356 of 2013. The learned Single Judge has passed the following order:

"A copy of the counter affidavit will be made over to the counsel for the petitioner today with all the annexures.

It is left open to the petitioner to

Patna High Court L.P.A No.840 of 2014 dt.02-04-2024 2/2 decide his future course of action in view of the fact that Medical Board has found him to be a colour blind and that is the reason for his nonselection and appointment. Writ application is disposed of in terms of the above."

2. Perusal of the same it is evident that appellant has colour blind vision, which is not suitable to the Constable post.

3. Learned counsel for the appellant submitted that such a defect would not be a hurdle for selection and appointment to the post of Constable in the light of the procedure/essentials for the purpose of eye-vision.

4. In this regard, he has not pointed out any statutory provision to the extent that colour blind would not be a hurdle for selection and appointment to the post of Constable. In the absence of those material, the appellant has not made out a case. Hence, Appeal stands dismissed.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.04.2024 Transmission Date NA