T.R.SUSHEELA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Interference declined by the Tribunal dismissing the O.A. as per Ext.P2 order is under challenge at the instance of the applicant, in this Original Petition.

(2.) The sum and substance of the case is that the petitioner was appointed as L.D. Clerk under the Physically Handicapped category, based on the extent of disability certified by the authorities making her eligible to apply for the post and get appointment in this category. The said appointment was in respect of 3% quota reserved under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 [Act 1 of 1996] for the Wayanad District. Eventhough the certified disability was of much higher extent (hearing impairment), years later, based on some anonymous complaint, the petitioner was sought to be proceeded against, doubting the correctness of the extent of disability certified and it was accordingly, that the petitioner was required to appear for further medical examination.

(3.) The pleadings and proceedings produced before the Tribunal and also before this Court reveal that the petitioner was subjected to examination by the Medical Board and such other authorities at different levels, at different points of time. Finally, based on the certificate issued by the Modern ENT Hospital, certifying that the petitioner was not having the requisite extent of disability, she was sent out from the service, which was subjected to challenge by filing W.P(C)No.20838 of 2011. The said writ petition came to be transferred to the Tribunal in pursuance to the constitution of the Tribunal under the Administrative Tribunals Act, 1985.