BHAVNAGAR DISTRICT PANCHAYAT Vs. KALIND NITINKMAR SAVAJIYARI

JUDGEMENT

(1.) The present application has been filed seeking quashing and setting aside the impugned order dated 18.02.2008 passed by the respondent No.2- Commissioner for physically disabled persons, State of Gujarat in Case No.264 of 2007 directing the petitioners to consider the case of the respondent No.1 for appointment to the post of Panchayat Sahayak in the category of physically disabled (hearing impairment).

(2.) The brief facts of the case are as under:

(3.) Learned advocate Mr.H.S.Munshaw for the petitioners has submitted that two (2) posts were required to be filled up through physically challenged candidates, but as four (4) posts were also carried forward, the petitioners decided to fill up in all six (6) posts through physically disabled candidates. He has submitted that a merit list was prepared subsequent to receipt and scrutiny of the application received in response to the advertisement and a list of six (6) candidates was prepared on merits of Standard-XII marks/percentage. He has submitted that looking to the nature of the job and responsibility, the petitioner No.2 decided that respondent No.1, who had also applied for the employment, and since he is suffering from 50% speech as well as hearing disability would not be able to discharge the duty of Panchayat Sahayak; he was not considered eligible for the post. He has further submitted that even on the basis of qualification of Standard-XII, the respondent No.1 did not fall in the merit list.