HANUMAN PRASAD MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner who is blind since the age of 2/3 years has filed this writ petition for issuance of writ of mandamus to the respondents to appoint him on the post of Music Teacher in Government School in accordance with the provisions contained in Rajasthan Employment of the Physically Handicapped Rules, 1976.

(2.) THE petitioner has stated that he passed SSC Examination in March, 1975 from Gujarat [secondary School Certificate Examination, Board, Baroda. He has also passed B. A. in Vocal Music in the year 1970 from Prayag Sangeet Samiti. This qualification known as Sangit Prabhakar. He also passed Sangit Visharad Examination in Tabla which is equivalent to B. A. in Instrumental Music, from Akhil Bhartiya Gandharva Vidhyalaya, Board, Miraj (Maharashtra ).

(3.) THUS the petitioner who is a blind person is waiting for justice for last more than a decade. No reply has been given to him despite his repeated representations, and when he filed writ petition, the Departmental Authorities have maintained silence before this Court also. The Rajasthan Employment of the Physically Handicapped Rules, 1976, were framed with the owed object of giving benefit to the persons were considered Physically Handicapped. The petitioner had admittedly applied in terms of those rules for appointment as Music Teacher and as per averments made by the petitioner which have taken to be correct in the absence of reply. It is clear that this name was in the merit list prepared by the District Education Officer, Tonk. No reason has been put forward by the respondents for with holding appointment of the petitioner. Once the petitioner had been selected by the Committee, except for very cogent reasons, he should not have been deprived of an appointment on the post of Music Teacher.