Allahabad High Court
Suresh Chandra vs State Of U.P. And 4 Others on 12 July, 2021
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- WRIT - A No. - 2349 of 2021
Petitioner :- Suresh Chandra
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Dhirendra Prasad Mishra,Radha Kant Ojha (Senior Adv)
Counsel for Respondent :- C.S.C.,Ashok Kumar Singh
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has prayed for declaration of his result in Special BTC Training Course, 2008.
It transpires that a previous petition filed before this Court No.3941 of 2011 was disposed of vide following orders passed in the matter on 23.05.2021:-
"Petitioner claims that he belongs to physically handicap category and was duly selected for being admitted in Special B.T.C. Training Course, 2008 and was undergoing training. A notice dated 04.11.2010 was issued requiring the Chief Medical Officer to submit a fresh report to verify the correctness of physically handicap certificate issued in favour of the petitioner, which was put to challenge by filing Writ Petition No. 552 of 2011, this Court vide order dated 07.01.2011 called for a counter affidavit and directed that proceedings may go on but decision, if taken against the petitioner, will not be implemented till the next date.
It is contended that before the copy of the order could be obtained and filed before the authorities, candidature of the petitioner was cancelled vide order dated 04.01.2011 against which the present writ petition has been filed. This Court entertained the writ petition and vide order dated 24.01.2011 called for a counter affidavit, but till date no counter affidavit has been filed. The challenge has been made on the basis of a Division Bench judgment of this Court in Special Appeal No. (811) of 2010, wherein it was directed that such a general notice in respect of all the persons, who were selected and were subsequently appointed after completing the training, could not be held to be valid and it was only after a physical verification, if the authorities come to the conclusion that candidate has not been genuinely issued a certificate of disability or otherwise or that he does not suffer from any disability so certified, which entitles him to such a certificate, then and in that event only, a candidate can be subjected to a fresh Medical Board and not otherwise.
It is contended that the examination of Special B.T.C. Training Course is going to commence either from 1st or 2nd week of June 2011 and on account of the dispute, unless an order is passed by this Court, the authorities shall not permit the petitioner to appear in the examination. A further apprehension has been expressed that Special B.T.C. Training Course, after the examination is over, will come to an end, thus, depriving the petitioner from his valuable rights.
Considering the fact, as an interim measure, respondent authorities are directed to permit the petitioner to appear in the examination of Special B.T.C. Training Course scheduled to be held shortly. However, the result of the petitioner shall not be declared without the leave of this Court and shall be subject to final adjudication of the case.
Application stands disposed of, accordingly."
It appears that the issue again brought before this Court in Writ Petition No. 59246 of 2013, which came to be disposed of vide following orders were passed in the matter on 29.03.2019:-
"Controversy raised in these petitions has already been decided by the Hon'ble Supreme Court in State of U.P. and others Vs. Ravindra Kumar Sharma and others reported in AIR 2016 SC 690. Liberty was granted to the petitioners to get themselves medically examined by the Board constituted, so as to determine whether petitioners suffer from any physical disability on account of which they could be placed in the category of handicapped persons. The circular of the State Government requiring the petitioners to appear for medical examination has already been upheld by the Supreme Court.
Leaving it open for the petitioners to get themselves medically examined in terms of the observation made by the Apex Court, these writ petitions are consigned to records."
It is pointed out that notices were issued to the petitioner requiring his presence before the King George Medical College. It is asserted that petitioner appeared on 26.08.2019 and his disability was specified as 40%. It is stated that thereafter the matter has been kept pending by the authority concerned and petitioner's candidature is not being processed for appointment.
This Court on 23.02.2021 passed following orders in the matter:-
''Learned Standing Counsel shall obtain instructions and more specifically in terms of the enclosure appearing at page-71 of the paperbook and apprise the Court whether the same formed part of the report drawn by the Committee.
Include in the list of fresh cases of the appropriate Court on 22 March 2021. This case shall not be treated as tied up or part heard to this Court."
Although several months have expired but learned Standing Counsel has not been able to obtain instruction.
Considering the nature of the order proposed to be passed it is not necessary to keep the matter pending any further.
In the facts of the present case it would be appropriate to direct the 3rd respondent to examine petitioner's claim in light of the previous orders passed in the matters and in accordance with law. The disability certificate annexed along with this petition shall be got verified and all consequential action shall be taken within a period of three months.
Writ petition, accordingly, stands disposed of.
Order Date :- 12.7.2021
Abhishek Singh
