NAZNI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner, a candidate under MBC category as well as OH category for appointment on the post of Urdu Assistant Teacher in the New Upgraded Secondary School in the State of Jharkhand, now seeks a direction for her appointment under VH category.

(2.) In law, a candidate is bound by his/her declaration in the application. Once the petitioner opted for appointment under OH category, now on a plea that vacancies under VH category are still vacant, cannot seek a direction for consideration of her case in a different category, that is, VH category.

(3.) Mr. Bhanu Kumar, the learned counsel for the petitioner extensively referring to provisions under The Persons with Disability (Equal Opportunities Protection of Rights and Full Participations) Act, 1995 and a judgment of the Supreme Court in "Union of India & Anr. v. National Federation of the Blind & Ors." reported in (2013) 10 SCC 772 contends that the mandate under the Disability Act, being a beneficial legislation, must be given effect to in its true letter and spirit. The petitioner who suffers disability in both the categories, VH as well as OH, cannot be denied appointment on recalculation of the vacancies, which, in fact, the respondents have revised many times.