SUNANDA KACHHWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner by invoking jurisdiction of this Court under Article 226 of the Constitution has challenged the order dated 18.07.2013 (Annexure P/1). By the impugned order, respondents rejected the candidature of the petitioner on the ground that her extent of disability is not more than 40%.

(2.) The petitioner submitted her candidature for the post of Contract Teacher Grade-3. The State Government has framed the Rules namely, Madhya Pradesh Panchayat Samvida Shala Shikshak (Appointment and Conditions of Contract ) Rules, 2001 ( for brevity " Recruitment Rules"). The petitioner submitted her candidature in unreserved / handicapped category. The petitioner has filed the handicap certificate issued by the Medical Board on 17.07.2013. This certificate shows that the petitioner's disability is to the extent of 40%. The respondent issued a letter dated 09.07.2013 (Annexure P/6) to the petitioner intimating her that certificate produced by her is not issued by District Medical Board and therefore, appointment order has not been issued to her. This letter makes it clear that petitioner was selected on the post of Contract Teacher Grade-3. The petitioner, in turn, submitted the certificate Annexure P/7 which is issued by Medical Board on 17.07.2013. In turn, the respondent passed the impugned order and informed the petitioner that by aforesaid letter dated 09.07.2013 the petitioner was directed to produce the medical certificate issued by District Medical Board which must reflects her disability more than 40%. Petitioner's certificate reflects disability only up to 40% and therefore, it is not in accordance with Government directions. Petitioner's candidature is accordingly rejected.

(3.) Criticizing this order, Shri N.S. Kirar, learned counsel for the petitioner, drew attention of this Court on certain provisions of The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 ( for brevity " Disability Act").