LAWS(KAR)-2022-8-43

NIKHAT ANJUM Vs. STATE OF KARNATAKA

Decided On August 25, 2022
Nikhat Anjum Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The case of the petitioner is that she had appeared for Skill/Typing Test being conducted by respondent No.4 and sought to get appointed as a Copier & Typist and on the ground that she is deaf she had applied under the quota reserved for Hearing Impaired. Her grievance is that she was not permitted to take dictation considering her disability and on the ground that she was prevented from taking Skill/Typing Test and that she has been wrongly not considered for selection, the instant writ petition is filed.

(2.) Per contra, the advocate appearing for respondent Nos.3 and 4 has filed statement of objections and contends that, the petitioner was in fact permitted to appear in the Skill/Typing Test and she has not typed even a single word. He also produced the valuation sheet consisting her signature showing to have received the test paper and blank test paper returned by her. The allegation of the petitioner that she was deprived of appearing in the Skill/Typing Test is categorically denied by respondent Nos.3 and 4

(3.) When the factual allegation made by the petitioner is denied by respondent Nos.3 and 4, respondent Nos.3 and 4 having produced copies of test sheet along with signature slip of the petitioner evidencing the fact that she has been permitted to take test, it is not possible for this Court while exercising its power under Article 226 of the Constitution of India to conclude otherwise. There being a disputed question of fact, it is not possible for this Court to decide the same. For the aforementioned reasons, the writ petition is hereby dismissed.