Heard Sri Anurag Srivastava, learned counsel for the petitioners.
Notices on behalf of opposite party Nos.1, 2, 3 & 5 have been accepted by the office of the learned Chief Standing Counsel, while Sri P.N. Singh Bisen, learned counsel has accepted notices on behalf of opposite party Nos.4 & 6.
At the outset, learned counsel for the petitioners has submitted that in more or less identical circumstances this Court has passed the order dated 26.08.2019 in Writ Petition No.22759 (S/S) of 2019; Raj Kumar Upadhyaya vs. State of U.P. & others, therefore, the present petitioners may be extended the benefit of the aforesaid order dated 26.08.2019.
For convenience, the order dated 26.08.2019 is being reproduced here-in-below:-
"Heard Sri Anurag Srivastava, learned counsel for the petitioner and Dr. Udai Veer Singh, learned Additional Chief Standing Counsel for the State-respondents and Sri Ajay Kumar, learned counsel for the opposite party Nos.4 & 6.
The case set-forth by learned counsel for the petitioner is that the petitioner is a handicapped person and is serving on the post of Assistant Teacher under Physically Handicapped category at Prathamik Vidyalaya, Akha, Baheri, district-Bareilly from 10.02.2009.
Since the factum of handicapped of various persons including the petitioner was questioned, therefore, the affected persons have filed some writ petitions and the bunch of writ petitions has been decided finally by this Court, a leading writ petition is Civil Misc. Writ Petition No.924 (M/S) of 2011; Deepika Sharma and others vs. State of U.P. & others and vide judgment and order dated 17.02.2011, this Court has disposed of the writ petition directing the petitioner to submit his reply pursuant to the show cause notice, which was issued earlier and the Competent Authority shall pass appropriate order. The copy of order dated 17.02.2011 was produced before the Competent Authority on 14.03.2011 by the petitioner and pursuant to that the petitioner was directed to appear before the Medical Board and his medical examination was conducted in the office of the Chief Medical Officer, Bareilly on 30.06.2011. After the aforesaid medical examination of the petitioner, the Competent Authority i.e. the Principal, DIET, Faridpur, District-Bareilly passed an order dated 06.07.2011 observing that the petitioner has got himself medically examined and as per the medical examination report, he is entitled for all the benefits treating him as a handicapped person.
The submission of learned counsel for the petitioner is that since the petitioner has got himself medically examined pursuant to the order of this Court, therefore, he should have not been issued any show cause notice to get himself again medically examined and, therefore, the impugned show cause notice dated 07.08.2019, which is contained as Annexure No.15 to the writ petition, is patently erroneous, unwarranted and uncalled for.
Per contra, Dr. Udai Veer Singh, learned Additional Chief Standing Counsel for the State-respondents and Sri Ajay Kumar for the opposite party Nos.4 and 6 have submitted that this exercise is being carried out in compliance of the judgment and order dated 03.02.2016 passed by the Hon'ble Supreme Court in Special Appeal No.811 of 2010; Ravindra Kumar Sharma vs. State of U.P. & others, whereby the Hon'ble Supreme Court has directed to all the Competent Authorities of State of U.P. to verify the factum of handicapped of the persons who have obtained the job on the basis of Handicapped Certificate.
This is true that the present petitioner has got himself medically examined on 30.06.2011 and thereafter the Competent Authority has passed the order dated 06.07.2011 observing that since the factum of handicapped of the petitioner has been verified, therefore, the petitioner is entitled for all the benefits which are available to the handicapped candidates but the fact remains that pursuant to the direction of Hon'ble Supreme Court in re: Ravindra Kumar Sharm (supra), the requisite exercise is being carried out, therefore, the petitioner may appear before the Medical Board but this would be the last exercise in respect of the petitioner inasmuch as the petitioner may not be compelled again and again to get his factum of handicapped medically verified.
Learned counsel for the petitioner has also submitted that since the petitioner has filed this writ petition, therefore, the petitioner has got apprehension that the Competent Authority may likely to harass the petitioner.
Therefore, considering the submissions of learned counsel for the parties, this writ petition is being disposed of finally permitting the petitioner to appear before the Medical Board for which the date has been fixed for 27.08.2019. The petitioner shall produce his earlier medical examination report which was conducted pursuant to the order of this Court and the Medical Board shall examine the factum of handicapped of the petitioner carefully without taking any adverse view that the petitioner has filed the present writ petition and thereafter the report shall be produced before the Competent Authority with expedition.
After the aforesaid exercise being completed, the Competent Authority shall pass appropriate orders after perusing the medical examination report as well as all other documents, which are required to be produced by the petitioner.
Let a copy of this order be provided to the learned counsel for the petitioner within 24 hours, as per rules.
Learned counsel for the opposite parties shall intimate this order to the Competent Authorities by 10:30 a.m. by tomorrow i.e. 27.08.2019."
In the present case, the some facts may be different but the proposition of law is the same, i.e. the show cause notice has been issued in compliance of the dictum of Hon'ble Supreme Court in re: Special Appeal No.811 of 2010; Ravindra Kumar Sharma vs. State of U.P. & others and the direction of Hon'ble Supreme Court should be abided by in its letter and spirit.
The submission of learned counsel for the petitioners is that so far as it relates to the fact that at the time of their appointment on the post of Assistant Teacher their medical examination was done, it is provided that the petitioners shall provide their earlier medical certificates before the present Medical Board and the medical examination of the petitioners shall be carried out carefully without harassing them in any manner whatsoever.
Since the petitioners being handicapped persons, if at all they are, they are being compelled to face another Medical Board, therefore, they are feeling prejudice but the fact remains that if the petitioners are handicapped persons and their medical examination has been carried out by the Medical Board strictly as per the norms, they should not be feel shy but it is also observed that this should be the last exercise in respect of the medical examination test.
Therefore considering the submissions of learned counsel for the parties, the instant writ petition is disposed of finally directing the petitioners to appear before the Medical Board, for which, the date has been fixed for 31.08.2019. The petitioners shall produce their earlier medical examination report which was conducted pursuant to the Government Order dated 08.10.2012 and the Medical Board shall examine the factum of handicap of the petitioners carefully without taking any adverse view that the petitioners have filed the present writ petition and thereafter the report shall be produced before the Competent Authority with expedition.
After the aforesaid exercise being completed, the Competent Authority shall pass appropriate orders after perusing the medical examination report as well as all other documents, which are required to be produced by the petitioners.
Let a copy of this order be provided to the learned counsel for the petitioners within 24 hours, as per rules.
Order Date :- 29.8.2019 Suresh/ [Rajesh Singh Chauhan,J.]