Referring the aforesaid he submits that it has categorically been held by the Coordinate Division Bench of this Court that once a physical test is done and a disability certificate is issued then there is no need for retest as such, more so, when the physical test is done after the order passed by the Apex Court. Therefore, submission is that the order passed by the opposite party nos. 3 and 4 are against the settled proposition of law and are erroneous and thus, the same maybe quashed. On the other hand, the counsel appearing for the State and the District Basic Education Officer have refuted the aforesaid contentions and submitted that once a complaint was made to the Commission, an enquiry was contemplated, wherein, some glaring irregularities were found against the petitioner and therefore, the matter proceeded and on such circumstances, the District Basic Education Officer has also proceeded in the matter and has passed the order and therefore, there is no any ambiguity or unlawfulness in the order passed by the opposite party. Considering upon the submissions of the counsel for the parties and looking into the records, it transpires that the physical test of the petitioner was done and the certificate was issued, wherein, 45% of visual impairment was found. Further, the disability certificate which is issued on 14.11.2018, is after the order passed by the Supreme Court in Special Leave Petition No. 8880 of 2011 and prior to it, disability certificate was also issued on 03.02.2009 after the physical examination of the petitioner and therefore, there seems to be no justification for issuing a direction of further physical test of the petitioner by the State Commissioner, Disability, U.P. Further, the order dated 13.09.2023, also does not seems to be justifiable, therefore, at the first hand, there seems to be force in the arguments of the counsel for the petitioner.
