SHREE DEO DIWEDI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this writ petition filed under Article 226 of the Constitution of India, the petitioner has mainly prayed for issuance of writ quashing and setting aside the impugned certificate dtd. 5/12/2016 (Annexure P-1).

(2.) The facts pleaded in the petition are that the petitioner is a disabled person with hearing impairment, duly certified by the Medical Board of the State of Madhya Pradesh. He is an Ayurved Doctor holding BAMS degree, therefore, pursuant to the advertisement issued by the State Government through the PSC, he applied for selection to the Post of Ayurved Medical Officer, against such post reserved for differently abled persons under the disability quota. It has been submitted that subsequently, he participated in the selection process and was called for interview, however, he was surprised to see that, his name did not find place in the selection list. He challenged the action of the State authority by filing a writ petition (s) No. 97/2010 which was allowed by this Court. However, he was not permitted to join and was constrained to challenge the action of the respondents by filing W.P. No. 1249/2016. Eventually, the appointment order was issued to him on 14/9/2016 and pursuant to the said appointment order, he gave his joining and submitted the relevant documents, however, despite his disability the State Authorities refused to accept his joining vide Annexure P-6 on the ground that he has not submitted the duly verified medical certificate issued by the State Medical Board of Chhattisgarh. The petitioner appeared before the State Medical Board and after conducting an observatory test by the ENT Specialist, the State Medical Board issued the Medical Certificate vide Annexure P-1 dtd. 5/12/2016 by which hearing capability of the petitioner has been found to be normal.

(3.) The petitioner has filed the instant writ petition on 8/12/2016 challenging the Disability Certificate issued by the Chhattisgarh State Medical Board, Raipur dtd. 5/12/2016 on the ground that he was examined by the Board with hostile attitude and the whole examination was carried with an intent to declare the petitioner unsuitable in the category he was selected. This Court by interim order dtd. 14/12/2016 directed that till the next date of hearing, no coercive steps shall be taken against the petitioner with regard to subject matter. On 10/10/2017, this Court has further directed the petitioner to submit an application of his examination by the Medical Board of All India Institute of Medical Science (AIIMS ) at New Delhi and submit the certificate. In compliance with the order dtd. 10/10/2017, the petitioner informed to this Court that a letter has been issued to him by the Administrative Officer of the AIIMS, Delhi, to seek appointment and get examination done.