SUKHVIR SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The petitioner is present in person with his counsel. He has amply demonstrated in Court that he can write even though both his arms are amputated below the elbow joints. I asked him to write on paper supplied before the Court. He has written clearly, legibly and of quality good enough, if not better than many than would in a government office. The evidence of his stump -writing skills is taken on record on paper Mark 'A'. The medical certificate countersigned by the Medical Superintendent, CMO/Head of Hospital, Civil Hospital, Sangrur, has certified him suffering from one hundred percent physical disability. Therein it is indicated that the petitioner can perform 11 functions by manipulating his stumps. He can pull, push, lift, kneel and crouch. He can perform work by bending, by sitting, by standing, by walking, by seeing and has no hearing impairment or speaking disability. He can easily perform work by reading and writing. The Civil Surgeon, Sangrur by a separate document has certified that the petitioner can write with both his amputated upper limbs joined and can hold a pen to write with both his amputated upper arms/limbs joined together. His adversity has not deterred him and appears self confident and at peace with the world. His abilities to carry out activities functionally has been certified by none others than the Civil Surgeon, Sangrur who is a responsible medical doctor of the Punjab Government. These three documents are not on record and have been produced by Mr. Lakhanpal at the time of hearing. Photocopies of the same are taken on record as Mark 'B', 'C' and 'D' with no objection from the State since the documents are official papers.

(2.) The only reason to deny appointment to the petitioner is that he be not able to cope with the work of the post of clerk to which he has been selected in open competition against advertised posts meant for regular recruitment. The Subordinate Services Selection Board, Punjab has recommended his name. But the department is acting cussed refusing to offer him letter of appointment which has compelled him to approach this Court seeking a mandamus to the respondents to consider him for appointment.

(3.) The reason for denial of appointment based on ipse dixit is found not tenable in view of the opinion of medical expert of the Punjab Government certifying him fit to serve.