Calcutta High Court (Appellete Side)
Moreselin Sk vs State Of West Bengal & Ors on 23 June, 2016
Author: Debangsu Basak
Bench: Debangsu Basak
1 June 23, 2016 R.C. W.P.19157 (W) OF 2009 Moreselin Sk Vs. State of West Bengal & Ors..
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Ekramul Bari Mrs.Tanuja Basak, ...for Petitioner Mr.Abhijit Gangopadhyay Ms.Supriya Dubey Ms.Shilpi Ganguly, ...for SSC Mr.B.P. Baisya, ...for State The petitioner has assailed an order dated August 25, 2009 passed by the West Bengal School Service Commission.
The learned advocate for the petitioner has refereed to the earlier order dated March 31, 2009 passed in W.P. 29713 (w) of 2008 (Morselim Sk.-Vs-State of West Bengal & Ors.) and has submitted that the Court had allowed the petitioner to be examined by an appropriate hospital to find out as to whether he has suffered to any disability under the Disability Act. The petitioner had approached the SSKM hospital for such examination. He has referred to pages 47 and 48 in support of the contention that the petitioner suffers from hearing impairment.
The State and the School Service Commission are represented.
The learned advocate for the School Service Commission has submitted that the petitioner did not act within the time frame stipulated in the order. Moreover, the petitioner did not produce any documents before the Commission to establish the quantum of the impairment suffered by the petitioner. The documents referred 2 to pages at 47 and 48 does not by themselves establish the quantum of impairment for the Commission to consider the petitioner as appearing from such impairment so as to warrant classification of the petitioner as a the disabled candidate.
I have considered the rival contentions of the parties and the materials made available on record.
The petitioner seeks a declaration that he is a disabled candidate and is entitled to participate in the selection process as such.
The petitioner had approached the Court earlier by way W.P. 29713 (W) of 2008, which was disposed of by an order dated March 31, 2009. By such order, the petitioner was permitted to appear before an appropriate hospital to be examined to find out as to whether he suffers from any disability under the Disability Act. The order also provides that in the event it is found that the petitioner suffers from any disability, then a certificate to that effect be produced before the School Service Commission for consideration.
Subsequent to the order dated March 31, 2009, the petitioner had approached SSKM hospital for examination. He was examined. A report on Pure Tone Audiometry has been relied upon in support of the contentions that the petitioner suffers from disability. The report by itself does not establish the nature and extent of the disability. A certificate as contemplated by order dated March 31, 2009 issued by a competent doctor or from a hospital has not been made available on record. From Audiometry report it is not possible to say the extent of the disability suffered by the petitioner.
By the impugned order dated August 25, 2009 the School Service Commission has negated the claim of the petitioner primarily on the ground of producing medical records beyond the 3 stipulated time and that such medical record does not establish the disability claim.
So far as the time frame stipulated in the order is concerned, the same, in my view, cannot be treated to be final such its non- compliance is treated as fatal to the claim of the petitioner. However, in the present case, the petitioner has not been able to produce medical documents establishing that he suffers the extent of disability required.
In such circumstances, I find no reason to interfere with the order impugned.
W.P.19157 (W) OF 2009 is dismissed without any order as to costs. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
( DEBANGSU BASAK, J. )