PASHOURA SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of writ of Mandamus directing the respondents to consider and appoint the petitioner as a Lecturer in Punjabi or Social Studies Master or Punjabi Master against the reserved vacancy meant for the physically handicapped persons and that the petitioner be given appointment on any of the above posts on priority basis in view of the policy instructions issued by the State and also in view of the fact that due representation had not been given to the physically handicapped persons while making selection/appointments for the posts of Lecturers as per instructions of the Government.

(2.) The case of the petitioner is that he is an orthopeadically handicapped person and his right arm has been totally amputated below shoulder and disability is permanent to the extent of 80% based upon the certificate dated 2.12.1992 issued by the Civil Surgeon, Patiala.

(3.) Through an advertisement dated 19.8.1992, applications were invited for the various categories of teachers including Lecturer in Punjabi, Social Studies Master and Punjabi Master in the Punjab Education Department. In response to the said advertisement, the petitioner applied for the posts of Lecturer in Punjabi, Social Studies Master and Punjabi Master by submitting separate applications. It has been averred that no candidate from the category of physically handicapped had been given appointment as Lecturer in Punjabi, Social Studies Master and Punjabi Master. Reference was also made to the instructions dated 18.4.1973 (Annexure P-2) wherein direction was issued to maintain priority list for the physically handicapped persons.