RADHE SHAM SHARMA Vs. STATE

JUDGEMENT

(1.) APPELLANT came to this court with a plea that he should be interviewed for the post of a teacher under the handicapped category. He had applied in pursuance of an advertisement notice No. 01 of 1999 issued on 09.03.1999. When he submitted an application, he annexed a certificate indicating that he is handicapped. This certificate, was issued in the year 1992. Later he produced yet another certificate dated 04.06.1999. This was issued by a Medical Board. This Medical Board had to determined the disability of the appellant at 40%. As this certificate was not being taken into consideration he approached this court. A learned Judge who consider the issue in the writ petition was of the opinion that as last date for filing application was 31.03.1999 therefore certificate issued on 04.06.1999 cannot be taken into consideration. It was held that eligibility is supposed to exist on the last date for submission of application and as certificate dated 04.06.1999 was made available after the above date, therefore this could not be taken note of. It is this view expressed by the Learned Single Judge which is subject matter of challenge in this appeal preferred under clause 12 of the Letters Patent Appeal.

(2.) APPELLANT is present in person.

(3.) RESPONDENT No. 1 i.e. Service Selection Recruitment Board is represented by Mr. M. Khan State of Jammu & Kashmir is represented by Mr. D.S. Chouhan Advocate. When arguments were being heard parties were made aware of the fact that in the event of acceptance of appeal, writ petition itself would also be taken for final disposal. As issue involved was purely legal, parties agreed that in the event of acceptance of appeal matter need not be sent back to the Single Judge and writ petition itself be disposed of in this situation contention as put across in the writ petition have also been taken note of.