Wednesday, February 1, 2023

Allahabad High Court stays third physical verification of Assistant Teacher

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The Allahabad High Court has put a stay on the proceedings of the order to call the assistant teacher appointed in the disability quota for physical verification for the third time, despite the confirmation of 40 percent disability twice.

A Single Bench of Justice Pankaj Bhati passed this order on August 19, while hearing a petition filed by Rajni Tripathi.

The plea challenged the order dated January 6, 2021, whereby the petitioner was directed to appear before the Medical Board for physical verification to ascertain his disability.

The contention of the Counsel for the Petitioner was that the petitioner had applied for appointment under the disability quota for Assistant Teacher and in terms of a certificate submitted by the petitioner on January 8, 2016, he was declared suffering from 40 percent disability and based upon the said certificate, he was granted appointment.

Subsequently on June 23, 2018, once again the medical examination was done and the petitioner was found to be suffering from 40 percent disability.

He argued that once again, the petitioner was being subjected to physical examination, which is contrary to the intent of the Government Order dated July 20, 2018. He relied upon the Division Bench judgement of the Court passed in Special Appeal, as well as interim order of the Court.

“Matter requires consideration. Respondents are granted four weeks’ time to file a counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.

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Until further orders of the Court, no action shall be taken in pursuance of the order dated January 6, 2021 passed by the Basic Shiksha Adhikari, Auraiya, the Bench directed.

“It is further directed that salary shall not be stopped only on the ground of compliance of the order dated January 6, 2021 and the arrears shall also be paid within two weeks,” it added.

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