JAVID SALEEM Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) Petitioner responded to Advertisement Notice No. 01 of 2008, dated 22.04.2008, issued by respondent Board, under Physically Handicapped category (PHC) whereby, applications were invited for 299 posts of teachers in District Pulwama. Respondent Board while concluding selection process initiated on 22.04.2008 has also made selection for 27 posts advertised vide notification no. 05 of 2008, dated 31st Dec. 2008. Select list was issued. However, petitioner was not given benefit of reservation under PHC and resultantly did not find place in Select list. Aggrieved with his non-selection he has come up with writ petition on hand.

(2.) Briefly stated, petitioner's case is that having regard to mandate of Sec. 22 of The Jammu and Kashmir Persons With Disabilities (Equal Opportunities, Protection of Rights And Full Participation) Act, 1998 (hereinafter referred to as the Act) 3 percent of posts were to be set apart for Physically Handicapped (PHC) category candidates. It is stated that one out of 3 percent of posts so set apart were to be filled up from candidates suffering from, (i) blindness or low vision; (ii) hearing impairment; and (iii) locomotor disability or cerebral palsy disabilities. Petitioner is aggrieved that respondents selected 10 candidates under PHC Locomotor category ignoring two other sub categories, i.e. (i and ii). Petitioner's case is that he with 40 percent visual impairment deserves to be considered under 3 percent quota reserved for physically Handicapped category.

(3.) The respondents in their reply do not controvert the factual aspects of the case. It is admitted that posts, were advertised by respondent Board vide aforesaid notifications. It is also not denied that petitioner responded to advertisement notice no. 01 of 2008 under PHC category. It is admitted that petitioner had higher merit as against selected candidates under PHC category with locomotor disability. Respondents, however take the stand that petitioner could not be considered under PHC category as the post of teacher was not identified vide Government Order No. 62-SWD of 2001, dated 13th March 2001 for reservation under PHC (blindness or low vision) category. It is pleaded that in terms of aforesaid Government order only candidates with locomotor disability or hearing impairment are to be considered for the post of Teacher in respondent Department.