BHARATBHAI RAMJIBHAI PARMAR Vs. DISTRICT PRIMARY EDUCATION OFFICER

JUDGEMENT

(1.) The petitioner, who is an unemployed blind person, aged about 23 years, has prayed for a direction to the District Primary Education Officer, Kutch to accept the petitioner's original certificates and mark sheets for the relevant qualifying examinations and to consider his application for the post of Sangeet Visharad Vidya Sahayak and to call him for interview for appointment to the aforesaid post.

(2.) The respondent authorities had issued advertisement inviting applications for the posts of Vidya Sahayak, inter alia, for Vidya Sahayaks in music, from amongst the candidates possessing the qualification of SSC/HSC pass and also the qualification of Sangeet Visharad or equivalent qualification from a recognized institution. So far as blind candidates are concerned, only the qualification of Sangeet Visharad or equivalent qualification is required. The advertisement also contained several instructions, the first of which (as translated) read as under :-

(3.) In response to the notice issued by this Court, Mr Nagesh Sood, learned AGP has submitted that condition No.1 in the advertisement was very specific and that such a condition imposed by the authorities has been upheld by a Division Bench of this Court in LPA No. 1163/98 decided on 5.10.1998 and again by another Division Bench of this Court in SCA No. 8220/03 and connected petitions decided on 27.9.2004.