KAMLA CHANYAL Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) Petitioner has approached this Court seeking the following prayers :-

(2.) Briefly put, the case of the petitioner is that petitioner belongs to Scheduled Caste community. She possessed M.A. (Sanskrit) Degree besides Ph.D. in the same subject. She was selected as Lecturer on 01.02.1982 in the Higher Education Department. On 20.04.2000, she came to be promoted as Principal, Government Degree College. The next higher post was Principal of Post Graduate Degree College which is equivalent to the post of Joint Director. Further higher post which is the last post which a person can aspire is the post of Director. The Government of Uttarakhand has issued Office Memorandum dated 10.11.2010. Reference is made particularly to para 14 (H), which deals with the reservation in promotion to Group A & B posts. Petitioner also is physically handicapped person and her left hand is crippled. She can neither move left hand nor can do any work with the said left hand. Reliance is placed on the certificate issued by the Chief Medical Officer, Pithoragarh certifying disability is to the extent of 90%. Seventeen persons were promoted as Principal, Post Graduate College in the year 2009. There were further promotions again in 2014. Petitioner made a representation seeking reservation.

(3.) We heard Sri Manoj Tiwari, Senior Advocate assisted by Sri Alok Mahra, Advocate for the petitioner and Mr. Pradeep Joshi, learned Standing Counsel for the State of Uttarakhand.