ARJUN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER has approached this Court, requesting therein for quashing of the proceedings, which has been undertaken against him.

(2.) BRIEF background of the case, as is reflected from the record, is that the petitioner had applied for B.T.C. Training as physically handicapped category candidate, and based on the disability certificate issued in his favour, petitioner completed training and thereafter had been offered appointment as Assistant Teacher on 25.2.2009. Petitioner has stated that Special Secretary, Basic Education, Government of U.P. Lucknow issued letter to the Director of Education (Basic) for constituting Medical Board for verification of the documents of B.T.C. Selected candidates in respect of their physical disability; thereafter on 15.7.2009, Director of Education (Basic), Lucknow issued letter addressed to the Special Secretary, ShikshaAnubhag-11, U.P. Government, Lucknow, and therein he has given reasons for not constituting Medical Board at State level for verification of physical disability of the Special B.T.C. and B.T.C. Selected incumbents, as for this purpose Medical Board is constituted at district level in the respective districts. Petitioner has stated that on 16.11.2009, Chief Medical Officer, Lucknow constituted Medical Board on the basis of letter issued by the Health Department dated 3.11.2009, and thereafter on 15.7.2010, Director, State Council for Research and Training issued letters to all the Principals of District Institutes of Education and Training in U.P. to send the candidates selected for Special B.T.C. 2007, 2008 and B.T.C.-2010 under physically handicapped quota, for verification at Balrampur Hospital, Lucknow. Petitioner has stated that pursuant to said direction, he appeared before the Medical Board and submitted his physical disability certificates before the Medical Board; there he was not subjected to any medical examination and his physical capacity was not tested; petitioner was only observed and not examined by the Medical Board. Petitioner has contended that based on the report, impugned show-cause notice has been issued. At this juncture, present writ petitions have been filed.

(3.) AFTER respective arguments have been advanced, factual position which emerges, is that the petitioner, had applied for admission to Special B.T.C. Course under physically handicapped quota; he has been selected and offered appointment; thereafter, State Government in its wisdom has chosen to undertake verification,proceedings. Said verification policy had been subject matter of challenge before this Court in writ petition No. 53152 of 2010, Ravindra Kumar Sharma and others v. State of U.P. and others, decided on 31.8.2010, wherein this Court has taken the view that the State Government has every right to get the verification proceedings done. Against the said order of Single Bench, Special Appeal No. 811 of 2010 had been preferred, which has been disposed of by Division Bench with certain observations. Operative portion of the judgment of Special Appeal Bench is being quoted below: