HC orders state to appoint disabled as teacher

The court said: “Judged in the background of the factual matrix of the case,there can be no doubt that the acts of omission and commission of the respondents (state government,director,primary education and Bhavnagar District Education Officer) are not only unjust and unfair,but also tainted by the vice of arbitrariness and discrimination.”

The court directed the state government to appoint Patel as an assistant teacher in the physically-challenged category within one month from the date of receipt of its order.

Patel had applied for the post of Assistant Teacher with ATD following an advertisement by the Bhavnagar DEO in April 2007. Of the 19 posts,one was reserved for physically-challenged. A merit list and a waiting list was prepared and Patel’s name was first in the waiting list. Another physically-challenged candidate,Dineshkumar Dhandhla,was in the merit list.

Later during verification,it was found that Dhandhla had submitted bogus certificates. He was disqualified and a case was registered against him,but Patel,despite being first in the waiting list,was not given appointment. Thereafter,Patel made several representations to the DEO,but the latter delayed the appointment on two grounds — that the case against Dhandhla was still pending and that the validity of the waiting list prepared in 2007 had expired and was not applicable now.

The Court said: “Taking such a stand amounts to encouragement of persons indulging in wrong practices at the cost of genuine candidates,such as the petitioner (Patel). Having failed to offer appointment to the petitioner at the relevant point of time,despite the fact that he was eligible and entitled thereto,the respondents cannot be permitted to take shelter behind technical stand that validity of the waiting list has expired,when they themselves are responsible for the delay.”