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PETITIONER: NANDKUMAR NARAYANRAO GHODMARE

       Vs.

RESPONDENT: STATE OF MAHARASHTRA & ORS.

DATE OF JUDGMENT30/10/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. HANSARIA B.L. (J)

CITATION:  1995 SCC  (6) 720        JT 1995 (8)   156  1995 SCALE  (6)198

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R Leave granted.      Admittedly, the  appellant is  handicapped  because  of colour blindness.  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:-      "Petitioner should  also give the nature      of the duties he has to perform and      whether his colour blindness would      interfere with the discharge of his      duties. Respondents  also would state in      this behalf of their stand. If it is      needed, they can also send the      petitioner for medical examination by an      expert Government Ophtholmogist or      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 blindness. Those five  posts are  mentioned in  the affidavit. In other posts, colour  blindness was not an impediment for him to be appointed.      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  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.

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    The appeal is allowed. No costs.