Certain posts cannot be denied on ground of Disability

Nandkumar Narayanrao Ghodmare vs. State of Maharashtra and Others

Appellant: Nandkumar Narayanrao Ghodmare
Respondent: State of Maharashtra and Others
Citation: JT 1995 (8) S.C. 156: (1995) 6 SCC 720
Court: In the Supreme Court of India
Judges: K. Ramaswamy and B.L. Hansaria

Nandkumar Narayanrao Ghodmare filed this Writ Petition on being denied appointment in the Agricultural Department because of his color blindness.

Program

Facts

The Public Service Commission selected Nandkumar for a post in the Agricultural Department. However, he could not be appointed on account of his colorblindness. When his case came to the Supreme Court, the Court issued a notice, which stated that Nandkumar should have been given an outline of the nature of duties he would have to perform and whether his disability would interfere with the work. It was also stated in the notice that the Agricultural Department should state the reasons for the stand taken by them. It was also suggested that if required, Nandkumar could be sent for an examination by an expert Government Ophthalmologist or by a Board.

However, despite this order the Government took no action. In response to this Nandkumar filed an affidavit, which stated that he had secured information to the effect that there were 35 posts in the Department out of which only five posts required perfect vision without color blindness. In other posts, color blindness was not an obstacle for appointment.

Observations of the Court

The Court stated that under the given circumstances Nandkumar should have been appointed to any of the posts of Agricultural officer of Class II service other than the five posts that required perfect vision. The State of Maharashtra was directed to make the appointment within two months. The appeal was therefore allowed.