Allahabad High Court
Smt. Jyoti Singh vs State Of U.P. And 4 Ors on 14 March, 2023
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - A No. - 61494 of 2014
Petitioner :- Smt. Jyoti Singh
Respondent :- State Of U.P. And 4 Ors
Counsel for Petitioner :- Dharmendra Pratap Singh,Sashindra Kumar,Vinay Bhushan Upadhyay
Counsel for Respondent :- C.S.C.,Sunil Kumar Singh
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for petitioner and the learned Standing Counsel for the State.
The petitioner has approached this Court claiming that she has applied for selection on the post of Teacher Trainee in General Category (Women) in the year 2011 but unfortunately she met with an accident in the year 2012 and suffered 45% physically challenged on her wrist joint. The petitioner is already declared as physically handicapped and she is entitled for the benefit under the physically handicapped category.
Learned Standing Counsel relying upon the counter affidavit states that the case of petitioner is already considered.
Learned counsel for the petitioner has placed reliance upon the judgment of this Court dated 03.02.2015 passed in Writ 'A' No.5176 of 2015 (Kameshwar Mani Kasudhan Vs. State of U.P. & others), which reads as under:-
"Heard learned counsel for the parties.
The petitioner has applied as against 72825 vacancies of Assistant Teachers pursuant to the advertisement issued in 2011. The contention is that the petitioner possesses requisite qualification for appointment on the post of Assistant Teacher and has participated in the counseling held in Gorakhpur, Siddharth Nagar, Sant Kabir Nagar, Balrampur, Maharajganj, Basti and Gonda (this assertion is narrated in paragraph 14 of the writ petition). Unfortunately, the petitioner met with an accident on 30.9.2013 as a result of which, his both the legs have been amputed and he has become 80% physically challenged. The certificate has been given by the Chief Medical Officer, Siddharthnagar on 15.11.2014. Contention of the petitioner is that he met with an unforeseen situation and on account of his physical condition, he is entitled for the benefit which is being given to a physically challenged candidate.
Learned counsel for respondent Nos.2 to 9 is present in the Court. In view of the fact stated in the writ petition, it appears that the matter requires consideration at the ends of respondent No.1 i.e. Secretary, Basic Education, U.P. , Lucknow. However, Learned counsel for respondent Nos. 2 to 9 submits that the selection process for appointment as against 72825 vacancies is already over and appointment letters are being issued to the selected candidates from 19.1.2015 onwards. Learned counsel for the petitioner submits that the petitioner's claim may be considered, in case, any vacancy exists for which he has appeared.
In view thereof, the writ petition is being disposed of with the following directions:-
1) The petitioner shall make a comprehensive representation before respondent no. 1 i.e. Secretary, Basic Education, U.P., Lucknow alongwith certified copy of this order within two weeks.
2) Upon receipt of representation of the petitioner, respondent no. 1 i.e. Secretary, Basic Education, U.P., Lucknow shall examine the claim of the petitioner and take an appropriate decision after calling for comments from the Basic Education Officers of the respective districts in which the petitioner has applied for. For giving the benefit of physically challenged category, the petitioner's certificate be also verified from the concerned department and after verification of documents of the petitioner, if, it is found that the vacancy exists in the district in which the petitioner has applied for, his claim be considered strictly in accordance with law, as per his merit in physically challenged category.
3. Entire exercise be completed as expeditiously as possible."
Learned counsel for petitioner submits that grievance of petitioner would be substantially met in case the benefit of the aforesaid judgment is granted to the petitioner and her case is also considered and appropriate order is passed in a time bound manner.
In view thereof, the present petition is disposed of with the following directions:-
The petitioner shall make a comprehensive representation before respondent no.1 i.e. Principal Secretary, Basic Education, U.P., Lucknow along with certified copy of this order within two weeks.
Upon receipt of representation of the petitioner, respondent no. 1 i.e. Principal Secretary, Basic Education, U.P., Lucknow shall examine the claim of the petitioner and take an appropriate decision after calling for comments from the Basic Education Officer of the respective districts in which the petitioner has applied for. For giving the benefit of physically challenged category, the petitioner's certificate be also verified from the concerned department and after verification of documents of the petitioner, if, it is found that the vacancy exists in the district in which the petitioner has applied for, her claim be considered strictly in accordance with law, as per her merit in physically challenged category.
Entire exercise be completed as expeditiously as possible.
.
(Vivek Chaudhary, J.)
Order Date :- 14.3.2023
Arjun/-
