AIR 1986 ANDHRA PRADESH 353 ::1986 LAB. I. C. 1365 ::(1986) 2 CurLR 457 ::(1986) 2 LabLJ 428 ::(1986) 1 AndhLT 543 ::(1986) 2 LabLN 106

Andhra Pradesh High Court

Hon'ble Judge(s): P. A. Choudary , J

Constitution of India , Art.21— Appointments in State Bank of India -Colour blindness treated by Bank as total disqualification - Rule of Bank held unconstitutional. The petitioner was selected for the post of Probationary Officer in the State Bank of India. In the Medical check up the petitioner was declared to be colour-blind. On the basis of that medical finding, the petitioner was found not suitable for appointment as Probationary Officer. On the day when the test was conducted the Bank was treating colour blindness as a total disqualification, although about the same time the Union Public Service Commission and the State Public Service Commission had not chosen to impose any such total ban on the colour-blind candidates for appointment to Senior Grade posts. Subsequently, even the State Bank of India through its Staff Circular 147 dated 7th October, 1983 appears to have realised that colour-blindness should not be treated as a bar to appointment except in the case of special categories of staff such as drivers etc. Held that the decision of the Bank rejecting the petitioner for appointment as a Probationary Officer based upon the then rule of total ban of colour-blind people is unconstitutional. Under the Constitution, inflicting such an injury on the biologically disadvantaged unless justified by compelling reasons of the State should no....