Dispute Over Visually Impaired Teaching Post: High Court Upholds Urdu Teacher’s Appointmen

 


Simplified Explanation of the Judgment

In this case, the petitioner, a visually impaired woman, challenged the cancellation of her appointment as a Block (Prakhand) Teacher in Katihar, Bihar. She was initially appointed under the Unreserved Female (UR-F) category earmarked for visually impaired candidates. However, her appointment was later revoked, and another candidate, also visually impaired but holding a Maulvi degree, was appointed in her place.

The petitioner argued that the Maulvi degree holder was ineligible for a general subject teacher’s post and should have only been considered for an Urdu teaching position as per the 2008 Teacher Appointment Rules. She also questioned the validity of his disability certificate.

However, the High Court noted that the appointment process included horizontal reservation for disabled candidates. Since the Maulvi degree holder scored higher in the merit list among disabled candidates and had applied for the Urdu teacher post (of which there were multiple vacancies), his appointment was valid. The Court also emphasized that the certificate of disability was verified and accepted by competent authorities.

Hence, the Court found no merit in the petitioner’s claims and upheld the decisions of both the District and State Appellate Authorities.

Significance of the Judgment

This judgment clarifies how horizontal reservations for disabled candidates should be interpreted in teacher appointments. It reinforces that merit and specific subject eligibility play a crucial role. It also underscores the importance of transparency and accuracy in preparing and verifying merit lists and disability certificates.

Legal Issues Decided and the Court’s Decision

  • Whether the Maulvi degree holder could be appointed to a general teacher post: No, but the Court held he was rightfully appointed as an Urdu teacher.

  • Whether horizontal reservation was correctly applied: Yes, the most meritorious disabled candidate in the subject-specific category was selected.

  • Validity of disability certificate: Confirmed by Chief Medical Officer.

Case Title

Vandana Kumari @ Bandana Kumari vs The State of Bihar & Others

Case Number

CWJC No. 4217 of 2020

Citation(s)

2024(4)PLJR 517

Coram and Names of Judges

Hon'ble Mr. Justice Anjani Kumar Sharan

Names of Advocates

  • For Petitioner: Mr. Arun Kumar

  • For Respondents: Mr. Madhaw Prasad Yadav (GP23), Mr. Shivendra Prasad

Link to the Judgment:


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