Ben Vikram Barman v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 1787 OF 2018 • Ben Vikram Barman, S/o Shri Bharat Lal Barman, aged about 25 years, R/o Village Magarda, Post Kawardha, District Kabirdham (C.G.) ... Petitioners versus 1.

State of Chhattisgarh, through the Secretary, Department of Panchayat and Rural Development, Mantralaya, Naya Raipur, District Raipur (CG) 2.

Chief Executive Officer, Zila Panchayat, Koriya, Baikunthpur, District Koriya (CG) ... Respondents For Petitioner :

Mr. C.J.K. Rao, Advocate.

For Respondents :

Mr. Sangarsh Pandey, Dy. Advocate General.

Hon'ble Shri Justice P. Sam Koshy Order on Board 05/04/2018 1.

Grievance of the Petitioner is that he had participated in the selection for the post of Lecturer (Panchayat) under the Handicapped Quota reserved for SC category. His contention is that his claim has not been considered only on the ground that the post has been reserved for SC category with hearing impairment whereas the Petitioner is not one of those category who is handicapped with the hearing impairment.

2.

Learned Counsel for the Petitioner refers to a circular of the State Government, dated 3.7.2013, wherein it has been envisaged that in the event if a department in the process of recruitment of handicapped quota does not find suitable candidate in a particular category of handicapped person, which in the instant case is that of hearing impairment, they can consider the other candidate with some other disability. According to the Petitioner, the Respondents have not considered the case of the Petitioner in the light of the aforesaid circular.

3.

Learned Counsel for the State at this juncture submits that the matter can be disposed of with a direction to the Respondents to consider the case of the Petitioner in the light of the circular dated 3.7.2013 or any other subsequent circular which is in force pertaining to the recruitment of handicapped candidate.

4.

Given the said submission by the learned Counsel appearing for the parties, the present writ petition at the admission stage itself is disposed of, with a direction to Respondent No.2 to consider the case of the Petitioner in the light of the circular dated 3.7.2013 or any other circular in force in respect of selection of candidates belonging to the reserved category. Let this exercise be done within a period of 60 days from the date of receipt/production of certified copy of this order.

5.

With the aforesaid direction, the writ petition stands finally disposed of. Sd/- (P. Sam Koshy) /sharad/ Judge