Calcutta High Court (Appellete Side)
(Sanatan Jana vs The State Of West Bengal & Ors.) on 12 September, 2014
Author: Dipankar Datta
Bench: Dipankar Datta
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169
12.09. 2014 rrc W. P. 22892 (W) of 2014 (Sanatan Jana Vs. The State of West Bengal & Ors.) Mr. Purnasis Bhuniya ......For the petitioner Mr. Jahar Lal De Mr. Shamim Ul-Bari .......For the State Mr. Abhijit Gangopadhyay Ms. Supriya Dubey .......For the Commission The petitioner was selected by the West Bengal Regional School Service Commission (Western Region) for appointment on the post of assistant teacher in Mathematics under 'Physically Handicapped' category. However, after the selection, the Regional Commission had doubt regarding the genuineness of the petitioner's physical disability and called upon him to appear before the Medical Board constituted by the Bankura Sammilani Medical College & Hospital, Bankura (hereafter the 'BSMCH'). On the basis of a report of the Medical Superintendent-cum-Principal of the 'BSMCH' contained in memo dated 19th November, 2010, to the effect that the petitioner's disability is less than 40%, the Regional Commission did not issue recommendation in favour of the petitioner. Feeling aggrieved thereby, this writ petition has been presented before the Court by the petitioner.
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Mr. Bhuniya, learned advocate for the petitioner has invited my attention to the opinion of the Medical Board of the 'BSMCH' which is to the following effect: -
"Refd to any Govt. Hospital for Pure tone audiometry. The Audiogram should have a psted photograph attested on it."
It appears that the petitioner was thereafter examined at Midnapore Medical College Hospital, Paschim Medinipur (hereafter the 'MMCH'). Upon audiological evaluation, the attending ENT Surgeon of MMCH certified that the petitioner suffers from "40% hearing loss". It is on the basis of the opinion of the said ENT Surgeon that the petitioner rests his claim for recommendation.
I am of the view having regard to the extract of the opinion of the Medical Board of the 'BSMCH' extracted supra that its opinion cannot be considered final and conclusive. The final and conclusive opinion appears to have been given by the ENT Surgeon of MMCH on audiological evaluation. The Regional Commission, therefore, was not justified in refusing recommendation in favour of the petitioner.
Having regard to the lapse of time, the vacancy in the school in question that was selected by the petitioner has since been filled up.
On an earlier occasion, Mr. Gangopadhyay, learned advocate for the Regional Commission was requested to find out vacancies in nearby schools close to the petitioner's residence. A list of five vacancies was handed over to Mr. Bhuniya. Upon instructions, he submits that the petitioner is willing to join Junboni Rabindra
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Vidyabhaban, P.O. Junboni, P.S. Contai, Dist. Purba Medinipur where a vacancy reserved for physically handicapped candidate is available.
In view thereof, I dispose of the writ petition directing the Chairperson of the Regional Commission to issue recommendation in favour of the petitioner in respect of the aforesaid vacancy in the said school as early as possible but not later than two weeks from date of receipt of a copy of this order. There shall, however, be no order for costs. Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible.
( Dipankar Datta, J. )