Case Note & Summary
The petitioner, Ku. Sonal d/o Namdeo Meshram, filed a writ petition before the Bombay High Court, Nagpur Bench, challenging the judgment dated 14-7-2022 of the Maharashtra Administrative Tribunal (MAT), Nagpur, in Original Application 578/2021. The petitioner, a Scheduled Caste candidate with a certified low hearing impairment, had applied for the post of Staff Nurse Private (50%) from the disabled category pursuant to an online advertisement dated 20-2-2019 issued by the Deputy Director, Health Services, Nagpur Division. The advertisement reserved seven posts for disabled candidates. The petitioner cleared the written examination and was called for document verification on 4-5-2021, but was subsequently refused appointment on the ground that Government Resolution dated 27-2-2009 earmarks the post of Staff Nurse for candidates suffering from orthopedic disability only. The MAT upheld this refusal, leading to the present petition. The High Court considered the submissions of the petitioner's counsel, who argued that the Government Resolution was not applicable and that the refusal was discriminatory. However, the Court found that the Government Resolution clearly restricts the post to orthopedic disability, and the petitioner's low hearing impairment does not fall within that category. The Court held that there was no discrimination under Articles 14 and 16 of the Constitution of India, as the classification was reasonable and based on the nature of the job. The petition was dismissed, and the rule was discharged with no order as to costs.
Headnote
A) Service Law - Appointment - Disability Reservation - Government Resolution dated 27-2-2009 earmarks post of Staff Nurse for candidates suffering from orthopedic disability - Petitioner suffering from low hearing impairment not covered - Refusal to appoint held valid - No discrimination under Articles 14 and 16 of Constitution of India (Paras 2-8).
Issue of Consideration
Whether the refusal to appoint the petitioner, who suffers from low hearing impairment, to the post of Staff Nurse on the ground that the Government Resolution dated 27-2-2009 earmarks the post for candidates suffering from orthopedic disability, is legal and valid.
Final Decision
The writ petition is dismissed. Rule is discharged. No order as to costs.
Law Points
- Government Resolution dated 27-2-2009 earmarks post of Staff Nurse for candidates suffering from orthopedic disability
- low hearing impairment not covered
- no discrimination under Articles 14 and 16 of Constitution of India
Case Details
2023 LawText (BOM) (03) 135
WRIT PETITION NO. 8509 OF 2022
ROHIT B. DEO, MRS. VRUSHALI V. JOSHI
Mr. P.S. Sahare for the petitioner, Mr. M.K. Pathan for the respondents
Ku. Sonal d/o Namdeo Meshram
The State of Maharashtra through its Secretary, Public Health and Family Welfare Department, Mumbai and The Deputy Director, Health Services, Nagpur Division, Nagpur
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging the judgment of the Maharashtra Administrative Tribunal (MAT) which upheld the refusal to appoint the petitioner to the post of Staff Nurse from the disabled category.
Remedy Sought
The petitioner sought quashing of the MAT judgment and direction to the respondents to appoint her to the post of Staff Nurse.
Filing Reason
The petitioner, a Scheduled Caste candidate with low hearing impairment, was refused appointment to the post of Staff Nurse on the ground that Government Resolution dated 27-2-2009 earmarks the post for candidates suffering from orthopedic disability only.
Previous Decisions
The Maharashtra Administrative Tribunal (MAT), Nagpur, in Original Application 578/2021, dismissed the petitioner's application and upheld the refusal of appointment.
Issues
Whether the refusal to appoint the petitioner, who suffers from low hearing impairment, to the post of Staff Nurse on the ground that the Government Resolution dated 27-2-2009 earmarks the post for candidates suffering from orthopedic disability, is legal and valid.
Submissions/Arguments
The petitioner's counsel argued that the Government Resolution dated 27-2-2009 was not applicable and the refusal was discriminatory.
The respondents' counsel submitted that the Government Resolution clearly earmarks the post of Staff Nurse for candidates suffering from orthopedic disability, and the petitioner's low hearing impairment does not qualify.
Ratio Decidendi
The Government Resolution dated 27-2-2009 earmarks the post of Staff Nurse for candidates suffering from orthopedic disability. The petitioner's low hearing impairment does not fall within that category, and therefore the refusal to appoint her is valid and not discriminatory under Articles 14 and 16 of the Constitution of India.
Judgment Excerpts
The MAT found substance in the submission of the respondents that Government Resolution dated 27-2-2009 earmarks the post of Staff Nurse for candidates suffering from orthopedic disability.
As a sequitur, the MAT found that the petitioner was rightly refused appointment and dismissed the original application.
Procedural History
The petitioner filed Original Application 578/2021 before the Maharashtra Administrative Tribunal (MAT), Nagpur, which was dismissed on 14-7-2022. The petitioner then filed the present writ petition before the Bombay High Court, Nagpur Bench, challenging the MAT judgment.
Acts & Sections
- Constitution of India: Articles 14, 16
