Law: Police Rules, 1934

Section: 10.64, 12.16

Law: Constitution of Pakistan, 1973

Section: 199

Police Rules, 1934--

----Rr. 10.64 & 12.16--Constitution of Pakistan, 1973, Art. 199--Recruitment for post of constable--Ineligibility for appointment--Colour blindness--Writ petitions--Accepted--Eligibility criteria--Some writ petitions were dismissed--The petition, filed by similarly placed persons challenging their ineligibility on account of colour blindness, was dismissed by High Court--In case Judge-in-Chamber was not convinced with findings of another Bench, which earlier dismissed Writ Petition filed by similar persons, safer course was to refer matter for constitution of Larger Bench--The findings of Judge-in-Chamber could not be upheld merely on ground that when respondents were found fit at time of their medical test, they were eligible for appointment against post of Constable despite having colour blindness--When respondents failed to qualify test under they could not be held eligible on account of mere omission of Notifications from advertisement--The respondents were not eligible for appointment against post of Constable in Police Department on account of colour blindness--Petition accepted.


2018 SCMR 1474; 1999 SCMR 2883 & PLD 1995 SC 423 ref.

Words and Phrases--

----Colour blindness--According to Oxford Advanced Learner’s Dictionary, (NEW 9th Edition) means “Unable to see difference between some colours, especially red and green”. [Para 7] A

Words and Phrases--

----Colour blindness--As per Chambers English Dictionary (7th Edition) means “Unable to distinguish some colours from others, or to see them at all”.

 

ORDER

Through this single order we intend to decide this Intra Court Appeal as well as connected Intra Court Appeals, Bearing Nos. 163/2015, 23/2017, 27/2017, 28/2017, 29/2017, 38/2017, 54/2017 and W.P. No. 3617/2015 having commonality of law and facts inasmuch as in these Intra Court Appeals the appellants have assailed the orders passed by the learned Judge-in-Chamber whereby the Writ Petitions filed by the respondents challenging their ineligibility for appointment against the post of Constable in the Police Department on account of colour blindness, were accepted whereas in W.P. No. 3617/2015 the petitioner has prayed for same relief granted to the similarly placed persons through order, dated 03.09.2015, passed in W.P.No. 1945 of 2015.