HC upholds termination of services of 16 CISF personnel suffering from colour blindness
New Delhi, Oct 19 : The Delhi High Court has upheld the termination of services of 16 CISF personnel who were suffering from colour blindness or defective vision.
A bench of justices Hima Kohli and Rekha Palli said once the authorities had specifically prescribed a set of medical standards for recruitment, it is not open to the court to tinker with those standards.
The bench noted that the policy guidelines laid down by the Ministry of Home Affairs in February 2013 left no manner of doubt that any person who had a defective vision or was colour blind was ineligible for recruitment in the Central Armed Police Forces (CAPF) or Assam Rifles.
Sixteen CISF personnel had approached the court challenging September last year's orders by which they were terminated from the armed force.
They had also challenged the order by which the appeal against their termination was rejected by the Inspector General of Central Industrial Security Force (CISF).
The affected personnel contended that the authorities' action of terminating their services after finding them medically fit in the initial medical examination was arbitrary and illegal.
They said the termination was at a belated stage when they had already undergone training for three to five months and it was unfair and stigmatic as now they had become overage for any other recruitment.
The bench said if any person was wrongly recruited despite having the defects of colour blindness, he was to be promptly removed from service, as soon as the defect was noticed, and appropriate disciplinary action for major penalty was required to be initiated against the doctor who had declared him fit.
"The aforesaid guidelines are not under challenge before us and therefore, on this ground alone, the challenge of the petitioners is liable to fail as it has neither been urged before us that the petitioners are not suffering from colour blindness, nor it has been contended that the aforesaid guidelines are inapplicable to them," the bench said.
The bench said there was no merit in the petition which was dismissed as being without merit. Following an advertisement in January 2015 by the authorities, the 16 persons had applied for the post of constable in the CISF.
They cleared the written examination and after undergoing the medical exam in May, 2016, they were found fit, selected and offered the post of constable (GD) in the CISF as per the merit list published in February, 2017.
They were issued appointment letters on March 15, 2017 and directed to report at their respective recruitment training centres for basic training. The letters specified that they would be on probation for two years.
After they reported at the training centres, a colour blindness test of all the recruitees was conducted at the CISF Hospital of the centres and the petitioners were found to be suffering from defective colour vision.
However, before taking any action to terminate their services, they were re-examined by a review medical board and were against declared unfit due to defective colour vision and their services were terminated.
The court said the facts show that these personnel were recruited after a condition was introduced in the policy guidelines of February 27, 2013 specifically prohibiting the recruitment of persons suffering from colour blindness or defective vision.
"Even otherwise, we are of the view that once the respondents (authorities) have specifically prescribed a set of medical standards for recruitment, it is not open to the court to tinker with the said standards or to hold that the action of the respondents in terminating the services of the petitioners, who admittedly did not meet the criteria prescribed in the guidelines, is in any manner illegal," it said.
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KSCA expresses disappointment over missing IPL playoffs, says it was ready to host matches in B’luru
Bengaluru: The Karnataka State Cricket Association (KSCA) has issued a clarification stating that it was fully prepared to host the IPL playoffs and final matches in Bengaluru but the fixtures were allotted to other venues.
In a media note, KSCA said it was disappointed with the decision. The association stated that its president, former India cricketer Venkatesh Prasad, had been in touch with the Board of Control for Cricket in India (BCCI) and had formally conveyed the association’s readiness and interest in hosting the matches at the M. Chinnaswamy Stadium.
KSCA said the IPL matches held in Bengaluru this season were appreciated for smooth conduct, crowd management and overall experience for spectators. It said this reflected its ability to handle high-profile matches.
The association also stated that it had sent a detailed communication to the BCCI explaining its preparedness and the operational arrangements followed during the current IPL season. According to KSCA, these systems have been in place since the start of the Indian Premier League in 2008 and were followed consistently, including during previous playoff matches hosted in Bengaluru.
The clarification added that the communication sent to the BCCI was only meant to provide factual and operational details and to bring clarity on logistical and stakeholder-related requirements involved in hosting such matches.
KSCA said that although it had shown willingness and preparedness, the BCCI has decided to allocate the playoff matches to other venues. It added that the reasons for this decision have not been formally shared with the association, but it respects the authority of the board in taking such decisions.
The association further said it remains ready to host matches of national and international importance and will continue to cooperate with the BCCI, franchises, government authorities and other stakeholders for conducting cricket events.
The statement was issued by KSCA official spokesperson Vinay Mruthyunjaya, who also thanked the media and cricket fans for their continued support.
