MANJU Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) A physically challenged lady, the petitioner, applied for Staff Nurse in Pt. B.D. Sharma, Postgraduate Institute of Medical Sciences, Rohtak. She was offered appointment by letter dated 24.12.2010 but was denied joining on medical grounds.

(2.) When this matter came up for hearing on July 13, 2017 the Bench put the respondents to notice and passed the following order:-

(3.) Again, when the matter was listed on January 12, 2018 learned counsel for the respondent Institute entered appearance and sought time to obtain instructions as to why the petitioner should not be appointed after selection as a Staff Nurse [Category-36] under advertisement No.1/2010 with closing date March 04, 2010. Counsel returned with instructions stating that the respondent Institute is not prepared to offer appointment to the petitioner because of her handicap as she may not be able to work as a Staff Nurse in the hospital attached to the Institute. Her letter of appointment as a Staff Nurse dated December 24, 2010 was kept in abeyance to await expert medical opinion which was received without any action proposed and the case sent to State Government for advice. Finally, the offer of appointment has been cancelled by the State Government by Memo dated February 22, 2017. Against the order the petitioner has approached this Court seeking writ quashing the order and for a mandamus to the respondents to revive the offer of appointment and allow her to join the post on her merit in the selection.