Court No. - 6
Case :- WRIT - A No. - 7615 of 2021 Petitioner :- Smt. Ruchi Rai Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pradeepta Kumar Shahi,Hritudhwaj Pratap Sahi,Sr. Advocate Sri.
V.K. Singh Counsel for Respondent :- C.S.C.,Shashi Kant Verma
Hon'ble Pankaj Bhatia,J.
Heard Sri V.K. Singh, Senior Advocate assisted by Sri P.K. Sahi, counsel for the petitioner, Sri Shashi Kant Verma, counsel for the Respondents No. 2 & 5, learned Standing Counsel and perused the record.
The present writ petition has been filed challenging the order dated 23.6.2021 whereby the services of the petitioner as Assistant Teacher has been terminated and a direction has been issued for lodging the FIR.
The contention of Sri V.K. Singh, Senior Advocate is that petitioner was appointed after fulfilling requisite qualification under the disabled quota as the petitioner suffered from 40% disability which is clear from the certificate issued by a panel of doctors, which is on record as Annexure No. 6.
From a perusal of Annexure No. 6, it appears that the certificate dated 4.1.2011 was issued by a Board comprising five medical officers showing the disability of the petitioner at 40% with physical impairment/visual impairment.
Subsequent thereto, a Government Order dated 20.7.2018 was issued. In Paragraph 6 whereof, it has been provided that it has been informed that several persons have obtained employment on the basis of certificates, which are forged. On the strength of the said Government Order, orders were passed for re-medical examination of the petitioner. In the said re-medical examination, although the petitioner claims that she was not medically examined, a report has been filed on 23.6.2021, which is on record, indicating that in re-medical examination, the medical board constituted under Sir Sunder Lal Hospital, BHU, Varanasi vide its letter dated 3.11.2020 has confirmed petitioner's disability of 10% and as the petitioner had obtained the employment showing the certificate indicating the disability of the petitioner at 40%, the appointment of the petitioner was liable to be cancelled.
The contention of the counsel for the petitioner is that in terms of the Government Order, there was no occasion for the respondents for re-medical examination as only the genuineness of the certificate given by the petitioner could be ascertained. In support of his contention, counsel for the petitioner places reliance on the RTI receipts, which is on record as Annexure No. 15 to the same effect.
Considering the certificate of the petitioner, which is on record, for which no findings are recorded that the same are forged or fabricated, the action appears, prima facie, to be unjust.
The matter requires consideration.
The respondents shall file counter affidavit without four weeks. Two weeks thereafter is granted for filing rejoinder affidavit.
List and connect with Writ Petition No. 7810 of 2021.
Till the next date of listing, the operation and effect of the order dated 23.6.2021 shall remain stayed.
Order Date :- 27.7.2021 vinay