HARUN MOHAMMAD SHAIKH Vs. DISTRICT ESTABLISHMENT COMMITTEE

JUDGEMENT

(1.) THE petitioner is an Orthopaedically handicapped person as Per Ex. 1. He is suffering from Kypnosis (deformed chest buldging out) as per certificate issued by Rehabilitation Research Centre, SMS Medical College Hospital, Jaipur. THE Rehabilitation Research Centre (here-in-after referred to RRC) has been established by the Medical College exclusively for handicapped persons. THE centre is headed by the Head of Department of Orthopaedic Department and is entitled to issue certificates. THE petitioner is a permanent visitor and he had been issued a permanent number. He is a permanent disabled. THE petitioner also belongs to OBC.

(2.) VIDE advertisement dated 24. . 1996, 103 vacancies of Gram Sevak Paden Sachiv were to be filled up by direct recruitment vide Ex. 4. The petitioner was one of the candidate for the said post. He was allowed to take written examination and was issued an admission card as well with Roll No. 5325 vide Ex. 5. He was declared successful on the merit list i. e. the general merit list vide Ex. 6 i. e. he had passed the test. His merit position was 219.

(3.) RULE 7 of the rules provides that certificate of the physically handicapped shall be obtained from the Medical officer not below the rank of a Reader in the concerned speciality where there is a Medical college; and a Junior Specialist in the concerned speciality of Chief Medical & Health Officer at places where there is no Medical College, which is reproduced as under:- ` (1) A certificate of the physically handicapped shall be obtained from the Medical Officer not below the rank of; (i) A reader in the concerned speciality where there is a Medical College; (ii) A junior Specialist in the concerned speciality or Chief Medical & Health Officer at place where there is not Medical College. ' It is not denied that the petitioner is a handicapped person. Nowhere in the advertisement, it was so mentioned that the medical disability certificate is to be issued on some prescribed form. The certificate in question was issued by the SMS Medical College by the rank of Professor/reader of the RRC.