Ranjan Kumar Panda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP (C) No.39799 of 2021 Ranjan Kumar Panda ....

Petitioner Mr. S.K. Das, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. S.K. Samal, AGA CORAM: JUSTICE S.K. PANIGRAHI

ORDER

28.03.2022 03.

1. The matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. The petitioner in the writ petition has challenged the legality, propriety, authority and jurisdiction of the opposite party Nos. 4 and 5 to examine the genuineness of the disability certificate of the petitioner and other persons for selection to the post of Contractual Trained Graduate Teacher pursuant to the advertisement issued by the Opposite Party No.2.

4. The grievance of the petitioner is that the State Government has earmarked the opposite party No 3/Superintendent, SCB Medical College and Hospital, Cuttack as Appellate Medical Board who is competent authority to examine the genuineness of the disability of the petitioner and to issue the disability certificate to him. But, in the present case instead of referring the petitioner to the SCB

// 2 // Medical College & Hospital which is designated as Appellate Medical Board, he has been referred to the Capital Hospital, Bhubaneswar which is not designated as Appellate Medical Board with respect to examination of disability and issuance of disability certificate.

5. As per the Government notification dated 21.12.2021 of the Department of Social Security & Empowerment of Persons with Disabilities, the petitioner can be examined by a Board constituted by the Fakir Mohan Medical College and Hospital, Balasore.

6. In view of such Notification, let a Special Medical Board be constituted by the Fakir Mohan Medical College and Hospital, Balasore for examining the present petitioner and the said Medical Board shall conclude its examination within a period of two weeks from the date of presentation of this order.

7. The opposite party No.2-Director, Secondary Education, Odisha, Bhubaneswar shall intimate the fact to the Principal, Fakir Mohan Medical College and Hospital, Balasore.

8. Accordingly, the writ petition is disposed of.

9. Urgent certified copy of this order be granted as per rules. (S.K. Panigrahi) Judge pcd