Md. Abed Ali v. The State of Assam and 3 Ors

PageoNo.#o1/3 GAHC010195832023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5219/2023o MD.oABEDoALIo S/OoLATEoASRABoALI,oVILL-MARICHAoPATHAR,oP.O.-KHARDHARA,oP.S.- BARPETA,oDIST-BARPETAo(ASSAM),oPIN-781352 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oEDUCATIONo(ELEMENTARY)oDEPARTMENT,oDISPUR,o GUWAHATI-6 2:THEoSTATEoLEVELoSCRUTINYoCOMMITTEE oREPRESENTEDoBYoTHEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAMoKAHILIPARAoGUWAHATI-19 3:THEoDIRECTORoOFoELEMENTARYoEDUCATIONoASSAM oKAHILIPARAoGUWAHATI-19 4:THEoJOINToDIRECTORoOFoHEALTHoSERVICES oBARPETAoASSAMoPIN-78130o AdvocateoforotheoPetitionerooooo:oMR.oMoALIo AdvocateoforotheoRespondento:oSC,oELEM.oEDUoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMR.oJUSTICEoN.oUNNIoKRISHNANoNAIR ORDERo Dateo:o03.01.2024 o Heard;Mr.;M.;Ali,;learned;counsel;for;the;petitioner.;Also;heard;Mr.;B.;Talukdar,;learned standing ; counsel, ; Elementary ; Education ; Department, ; appearing ; on ; behalf ; of Page No.# 2/3 respondents No. 1 to 3.

The petitioner had applied in pursuance of the advertisements, dated 11.02.2023 and

17.02.2023, for the post of Assistant Teacher of LP Schools. The petitioner had so applied against the quota prescribed for Persons with Disabilities(PwDs) by relying on a disability certificate issued in his favour by the authority competent to do so. The petitioner thereafter participated in the selection process. However, his name not being published in the provisional merit list, the petitioner has approached this Court.

Mr. Talukdar, learned standing counsel, Elementary Education Department, in terms of the O.M. dated 21.05.2022, has submitted that in paragraph No. 5 therein, liberty was granted to the employer to carry a verification/re-verification of the physically handicapped status of the selected candidates.

Mr. Talukdar, learned standing counsel, Elementary Education Department, has produced before this Court, a copy of the medical verification report of the Persons with Disabilities (PwDs) candidates who had applied for the post of teachers and therein, it has been reflected that on re-verification, the disability status of the petitioner was found to be 10% which falls below the benchmark of 40%.

The provision of the said clause being relevant, is quoted hereinbelow: "5. CERTIFICATE OF DISABILITY: A person who wants to avail the benefits of reservation will have to submit a certificate of disability issued by a Competent Authority. Such certificate in the event of selection of such person for any post, will be subject to such verification/re-verification as may be decided by the competent authority."

Page No.# 3/3 The said conclusion reached by the Medical Board in terms of the said O.M. dated

21.05.2022, is not under challenge in the present proceeding.

Accordingly, Mr. Talukdar, learned standing counsel, Elementary Education Department, is hereby directed to submit a copy of the communication, dated

12.06.2023, along with the enclosures, to Mr. Ali, learned counsel for the petitioner, during the course of the day.

The petitioner is at liberty to challenge the conclusion arrived at by the Medical Board, which is available as Annexures to the Communication, dated 12.06.2023, by way of filing an appropriate application before the competent authority, if so advised.

The writ petition stands disposed of with the above directions.

JUDGE Comparing Assistant