The Madurai Bench of the Madras High Court has allowed an appeal preferred by Tamil Nadu Generation and Distribution Corporation (Tangedco) against a Single Bench order that directed the Corporation to provide employment to a man found to be deficient in identifying colours.
A Division Bench of Chief Justice Sanjib Banerjee and Justice T. S. Sivagnanam took note of the fact that the candidate was qualified. However, in the medical examination, he had difficulty in identifying colours. The panel included an ophthalmologist.
Tangedco rejected the candidature on the grounds that the job of the engineer would involve dealing with power cables and wires which were colour-coded. With his condition, it would be difficult for him to discharge his duties.
The Single Bench in its order had observed that the candidate was not colour blind as such. The condition of defective colour vision might not be an impediment to discharge the duties of an Assistant Electrical Engineer.
The Division Bench observed that a specialised team was set up with an ophthalmologist on board to consider the matter and the committee was of the opinion that the man could not be allowed to take up the post.
Considering the wires and sensitive electrical equipment that were to be handled by engineers, the man would be at risk if he was allowed to discharge his duties. The decision of Tangedco could not be said to be without basis.
Engineers had to to function, sometimes in closed places, with the help of a torch or flashlight. In emergency situations they had to decide, in a split second, which wire to pull and which not to touch, the judges said.
The judges observed that if the decision-making at such a time was impaired or affected by the condition, the person might be found unfit for the position. Courts should be slow in interfering in such areas, particularly where judges might not have the requisite expertise, they said, and set aside the Single Bench order.
