PROGRAM OFFICER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ADMIT. Learned AGP waives service of notice of admission on behalf of the respondent-State and learned advocate Mrs. Rekha H. Kapadia waives service of notice of admission on behalf of the respondent No.4.

(2.) Pursuant to the order dtd. 4/12/2024, the respondent no.4- original petitioner-Minaben Jamod was re-examined by the Medical Officer and accordingly, a Medical Fitness Certificate dtd. 19/12/2024 has been issued by the Medical Officer, PHC Zolapur, Taluka Sanand, District Ahmedabad. The same is produced alongwith further affidavit filed on behalf of the appellant. As per the Medical Fitness Certificate, the original petitioner is having 70% permanent disability.

(3.) The present appeal is directed against the order dtd. 15/4/2024 passed by the learned Single Judge allowing the writ petition filed by the respondent no.4. The respondent no.4 had prayed for quashing and setting aside the order dtd. 1/6/2022 passed by the appellant denying her appointment to the post of Aganwadi Worker as she was found unfit for duty due to her permanent disability. The learned Single Judge while setting aside the impugned order has directed the appellant to appoint her on the said post by primarily placing reliance on the medical certificate dtd. 28/3/2022 issued by the Community Health Center produced by the respondent no.4 at the time of document verification.