SUJATA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Since similar questions of law and fact are involved in all the above Writ Petitions, all the matters were heard together. However, this Court felt it appropriate to decide W.P.(C) No.10531 of 2022 first and whatever the outcome of the said Writ Petition, the same will be covered to other similar Writ Petitions mentioned above.

(2.) The petitioner challenges the validity of the action of the Opp. Parties to reduce the permanent disability of 70% issued by the Medical Authority, Kalahandi to temporary disability of 30% by the State Appellate Medical Board on 15/12/2021, communicated vide letter No.17570/ CDMO and PHO, Cuttack dtd. 15/12/2021 and seeks a direction from this Court to the Opposite Parties for constitution of another Appellate Medical Board for confirmation of the disability of the petitioner. He further seeks a direction to the Opposite Parties to give contractual appointment to the petitioner as TGT Arts under PWD category.

(3.) The petitioner had applied for engagement for the post of contractual T.G. Teacher, Arts being a PWD candidate having the disability certificate of 70% permanent issued by the Medical Authority, Kalahandi. The Director Secondary Education, Odisha had issued advertisement dtd.28/8/2021 for the recruitment to the post of trained Graduate teachers, Telugu Teacher in Government Secondary School in the State of Odisha. Pursuant to said advertisement, the petitioner being an eligible candidate having requisite qualification had applied for the said post under SCBC, PWD category as she possessed BSc with B.Ed qualification and was also qualified under OSSTET which is not disputed by the opposite Parties. The petitioner had appeared for the computer-based test (CBT) on 25/10/2021 and qualified in the said test. Thereafter, the petitioner was placed in the provisional select list published vide notice dtd. 3/12/2021. The Opposite Party, No.2 vide Letter dtd. 9/12/2021, allocated the candidates who have been provisionally selected to the concerned districts. The petitioner was posted in Sambalpur district. After verification of documents by District Education Office, Sambalpur and as per direction by the Directorate of Secondary Education, Odisha, the petitioner was allotted to NR NODAL High School, Rengali vide letter dtd. 9/12/2021.