PAPU MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit of service, filed today, be kept on record. In the writ petition, the petitioner has challenged the Memo dated 28th February, 2011, issued by the, Assistant Secretary, West Bengal Regional School Service Commission (Southern Region), the respondent No. 6, whereby it has been held that he cannot be called a physically disabled candidate within the meaning of The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and he could not be recommended to a post reserved for a physically handicapped candidate and therefore, directing his candidature for the subject of Bengali (Pass) relating to 10th RLST-2009 (AT) be cancelled and his name from the panel deleted.

(2.) I find from the facts that during an operation of congenital cataract the petitioner, when only a few months old, had lost complete vision in his left eye and he had a very low vision in his right eye. With such low vision he unable to read and write properly. He was admitted to Blind Boys' Academy at Narendrapur. All along the petitioner pursued his studies through Braille and amanuensis. Following the said method, in the year 2004 the petitioner successfully completed the Secondary Examination. Thereafter, he got admitted in 10+2 course in the Ramakrishna Mission Residential College at Narendrapur and subsequently appeared in the Higher Secondary Examination as a blind student with amanuensis. During this time, the petitioner was referred to the Medical Board for determining whether he was disabled. After necessary examination, finding the petitioner disabled, on 12th September,. 2001 disability certificate was issued by the Sub-Divisional Hospital, Uluberia, Howrah certifying that he was having 70% visual disability. Thereafter, on the basis of the said certificate, the petitioner was admitted to the Jadavpur University as a visually handicapped student and permission was issued to use amanuensis in his degree course examinations. Subsequently, the petitioner also completed his Masters Degree from the said University as a physically challenged candidate using scribe in the examinations.

(3.) Thereafter, the petitioner appeared in the 10th RLST-2009 (AT) (Regional Level Selection Test-2009-Assistant Teacher) in the visually handicapped category. He was allowed to appear in the said examination with amanuensis. In the said examination the petitioner was successful as his name appeared on the panel of successful candidates. On 29th April, 2010, a call letter was issued requesting the petitioner to appear before the Personality Test Board No. 2 constituted by the Commission for personality test on 24th May, 2010, at the office of the West Bengal Regional School Service Commission, Southern Region. Thereafter, by Memo dated 15th June, 2010 the petitioner was requested to be present for counselling organised by the West Bengal Regional School Service Commission (Southern Region) for the purpose of recommendation of candidates to the posts of Assistant Teacher in Bengali (Pass) in the schools. Such recommendation was to have been made on the basis of the option to be exercised by the empanelled candidates in the relevant subject, medium and the category of vacancy against which they have been empanelled in accordance with their rank on the panel and on the basis of availability of vacancies of similar nature at the time of their turn during counselling. The petitioner opted for Deulgram H.M.B.K. High School. That after the interview and counselling, the petitioner was referred to a Medical Board for verification of his disability certificate. During examination of the eyes of the petitioner the Medical Board advised him to have an operation in the right eye. Pursuant to such advice the petitioner on 29th October, 2010 underwent a successful operation at Sankar Netralaya, Mukundapur, Kolkata and got back vision in his right eye to some extent.