Thursday, February 5, 2015

YACHEE KA 2013 MEIN ACCIDENT HO GAYA, AUR 2011 MEIN NIKLEE VACANCY KE SAAPEKSH PH RESERVATION MEIN BHRTEE CHAHATA HAI, COURT ALLOWED HIM

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YACHEE KA 2013 MEIN ACCIDENT HO GAYA, AUR 2011 MEIN NIKLEE VACANCY KE SAAPEKSH PH RESERVATION MEIN BHRTEE CHAHATA HAI, COURT ALLOWED HIM


HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 4

Case :- WRIT - A No. - 5176 of 2015

Petitioner :- Kameshwar Mani Kasaudhan
Respondent :- State Of U.P. And 8 Ors.
Counsel for Petitioner :- Ganesh Shankar Srivastava
Counsel for Respondent :- C.S.C.,Arun Kumar,Ashok Kumar Singh,Awadhesh Kumar,Manu Singh,Mohd. Shere Ali,Mrigraj Singh

Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.�
The petitioner has applied� as against 72825 vacancies of Assistant� Teachers pursuant to the� advertisement�� issued in 2011.� The contention is that� the petitioner� possesses� requisite qualification� for appointment on the post of� Assistant� Teacher� and has participated in the�� counseling held in Gorakhpur, Siddharth Nagar, Sant� Kabir� Nagar,� Balrampur, Maharajganj, Basti and� Gonda (this assertion is narrated in paragraph� 14 of the writ petition). Unfortunately, the petitioner� met with an accident� on 30.9.2013 as a result of which, his both the legs have been amputed and he has become� 80% physically challenged.� The certificate has been given by� the� Chief� Medical� Officer,� Siddharthnagar on 15.11.2014.� Contention of the petitioner is that he met with an unforeseen situation and on account of� his physical condition, he is entitled for the benefit� which is being� given to� a physically challenged candidate.
Learned counsel for respondent� Nos. 2� to� 9� is present in the� Court.� In view of the fact� stated in the writ petition, it appears that� the matter requires consideration at the ends of respondent� No.1 i.e. Secretary, Basic� Education, U.P. , Lucknow. However,� Learned counsel for respondent� Nos. 2� to� 9 submits that the selection process for appointment� as against� 72825 vacancies is already over and appointment letters are being issued to� the selected candidates� from 19.1.2015 onwards. Learned counsel for the petitioner submits that the petitioner's claim� may be considered,� in case, any vacancy� exists� for which he has appeared.
In view thereof, the writ petition is being disposed of with� the following directions:-
1) The petitioner shall make a comprehensive representation before respondent no. 1 i.e. Secretary, Basic� Education, U.P., Lucknow alongwith certified copy of this order within two weeks.�
2) Upon receipt of representation of the petitioner, respondent no. 1 i.e. Secretary, Basic� Education, U.P., Lucknow shall examine the claim of the petitioner� and take� an appropriate decision� after calling for comments from the Basic� Education Officers of the respective districts in which the petitioner has applied for.� For giving the benefit of physically challenged category, the petitioner's� certificate be also verified from the� concerned department and after verification of documents of the petitioner,� if, it is found that� the vacancy exists in the district in which the petitioner� has applied for, his claim� be considered strictly in accordance with law, as per his merit in physically challenged category.�
3. Entire exercise� be� completed as expeditiously as possible.

Order Date :- 3.2.2015
P.P.



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