Case Note & Summary
The petitioner, Gajanan Vishwanath Nawalkar, filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking appointment as a teacher in a residential school for dumb and deaf children run by respondent no.4, Prerana Shikshan Prasarak Mandal. The petitioner, who is a person with 50% disability, applied for the post of teacher and was selected by the selection committee. However, the respondents, including the State of Maharashtra and the school authorities, refused to appoint him, contending that his disability was not of the category specified for the post. The petitioner argued that he possessed a valid disability certificate issued by the competent authority and that the refusal violated his rights under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The court examined the provisions of the Act, particularly Section 33 which provides for reservation of vacancies for persons with disabilities. The court noted that the petitioner had been selected and that the respondents had not challenged the validity of the disability certificate. The court held that once a candidate possesses a valid disability certificate and is selected, the appointment cannot be denied on the ground of disability. The court directed the respondents to appoint the petitioner within four weeks from the date of the order. The petition was allowed with no order as to costs.
Headnote
A) Disability Law - Appointment of Handicapped Teacher - Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 33 - Petitioner, a person with 50% disability, was selected for the post of teacher in a residential school for dumb and deaf children - Respondents refused appointment claiming petitioner's disability was not of the specified category - Court held that once a candidate possesses a valid disability certificate and is selected, the appointment cannot be denied on the ground of disability - Held that the respondents are directed to appoint the petitioner within four weeks (Paras 1-10).
Issue of Consideration
Whether the petitioner, who is a person with disability and was selected for the post of teacher in a school for handicapped children, is entitled to appointment despite the respondents' refusal on the ground that his disability was not of the specified category?
Final Decision
The writ petition is allowed. The respondents are directed to appoint the petitioner as teacher within four weeks from the date of the order. Rule made absolute. No order as to costs.
Law Points
- Persons with Disabilities (Equal Opportunities
- Protection of Rights and Full Participation) Act
- 1995
- Section 33
- Reservation for persons with disabilities
- Appointment
- Selection
- Disability certificate
- Writ of mandamus
