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2006 DIGILAW 672 (ORI)

Chintamani Sahu v. Commissioner-cum-Secretary, School and Mass Education Department

2006-09-19

I.MAHANTY

body2006
ORDER 19.9.2006 — Heard learned counsel for the parties. This writ petition is only confined to petitioner No.1-Chintamani Sahu in view of the order dated 16.5.2006. The prayer of the petitioner in the present writ application is to direct the Project Director, D.R.D.A., Bolangir-Opp.Party No.5 to accept the application of the petitioner for considera¬tion for appointment to the post of Swechhasevi Sikhya Sahayak under the District Inspector of Schools, Bolangir. The petitioner claims himself to be a physically handicapped person belonging to Bolangir district and claims that the Opp.Parties have refused to accept his application for appointment as Swechhasevi Sikhya Sahayak. A detailed counter affidavit has been filed by the Opp.Parties and a rejoinder has also been filed by the petition¬er. Learned counsel for the petitioner submits that the case of the petitioner is covered by the judgment of this Court in the case of Orissa Association for the Blind and Others Vrs. State of Orissa and Others 98 (2004) CLT 716 and while drawing the attention of this Court to the aforesaid judgment, has prayed to dispose of the present writ application in the light of the directions given in the judgment under reference. Learned Addl. Standing Counsel for the School and Mass Education Department has no objection if the writ petition is disposed of in terms of the aforesaid judgment. Without entering into the merits of the rival contentions, this writ petition is disposed of with a direction to the Collec¬tor, Bolangir-Opp.Party No.3 to accept the application of the petitioner and if the petitioner satisfies him of his claim that he is a handicapped person, then the petitioner may be considered under the handicapped category for appointment as Swechhasevi Sikhya Sahayak. Learned counsel for the petitioner further submits that during the pendency of the writ petition although interview has already been held, result thereof has not been published and the letters of engagement has not yet been issued to the successful candidates. In view of the aforesaid submission, the Collector-Opp.Party No.3 is directed to consider the application of the petitioner and if he is otherwise eligible, refinalise the selection list, if already made. On such fresh selection, necessary merit list be prepared and successful candidates will be issued with the letter of engagement. The entire exercise shall be completed within a period of four weeks from the date of receipt of certified copy of this order. On such fresh selection, necessary merit list be prepared and successful candidates will be issued with the letter of engagement. The entire exercise shall be completed within a period of four weeks from the date of receipt of certified copy of this order. Till such exercise, as directed above, is complet¬ed, the selection list shall not be finalized. It is the responsibility of the petitioner to produce the certified copy of this order before the Collector-Opp.Party No.3 within one week from today. Urgent certified copy of this order be granted on proper application. Application disposed of.