Subhashree Satapathy Vs State of Odisha

2. Pursuant to the order passed by this Court on 15.04.2024, Mr. Madan Mohan Sahoo, Professor and HOD, Department of Orthopedics, PRM Medical College and Hospital, Baripada appeared in person and files an affidavit in Court. Copy of the affidavit be kept in record.

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3 . Heard learned counsel for the parties.

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4. Petitioner has filed the present Writ Petition inter alia with the following prayer:-

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“Under the above circumstances, it is therefore humbly prayed that the Hon’ble Court be graciously pleased to set aside the medical report

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dtd.11.01.2024 and the communication dtd.12.02.2024 under Annexure-10 and direct the Opp. Parties No.1 to 3 to engage the petitioner as a Trained Graduate Teacher (Arts) as she has already been selected and allotted with a school by the competent authority and/or in an alternative the Hon’ble Court be pleased to direct the Opp. Parties to send the petitioner to any other Medical Board other than the O.P. No.4, to ascertain the genuineness of her disability certificate under Annexure-1 and to direct the Opp. Party No.1 to 3 to appoint her as a TGT (Arts) with all benefits within a stipulated period as deem fit and proper.”

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5 . It is contended that pursuant to the advertisement issued by Odisha Staff Selection Commission (in short “Commission”) under Annexure-3, petitioner was duly selected and his name was reflected in the provisional select list issued by the Commission on 20.11.2023 under Annexure-6. Name of the petitioner was reflected at Sl. No.1101 as against UR category with sub-category PWD(W) CAT-III.

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5 .1. Basing on such recommendation made by the Commission under Annexure-6, O.P. No.2 vide notice dated 02.12.2023 under Annexure-7, permitted the petitioner and other recommended candidates to fill up their choices of District followed by School through online mode. After such uploading of the information online, as requested in notice dated 02.12.2023 under Annexure-7, petitioner was allocated as against the post of TGT Arts in Jawahar Govt. High School, Bhimpada in the district of Mayurbhanj vide Annexure-8. However, it is contended that basing on the stipulation contained in the

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advertisement so issued under Annexure-3, petitioner vide letter dated 22.12.2023, so issued by the O.P. No.2 under Annexure-9, was referred for assessment of her disability by Medical Board of Pandit Raghunath Murmu Medical College and Hospital, Baripada. In the said notice issued on 22.12.2023 under Annexure-9, petitioner’s name was reflected at Sl. No.3.

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5 .2. Learned counsel for the Petitioner contended that basing on the notice issued under Annexure-9, petitioner though was examined by the Department of Orthopedics, PRM Medical College and Hospital, Baripada on 11.01.2024, but her disability was indicated at 15% permanent as against the disability of 45% permanent shown under Annexure-1. Vide letter dated 12.02.2024 under Annexure-10, O.P. No.3 basing on such report when indicated the petitioner that since her disability has been found at 15% permanent, she cannot be considered for her appointment, the present Writ Petition was filed inter alia with the prayer as indicated hereinabove.

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5 .3. Learned counsel for the petitioner contended that basing on the order passed by this Court on 28.02.2024, petitioner when was examined by the Post Graduate Department, Orthopedic Surgery, SCB Medical College and Hospital, Cuttack on 15.03.2024, the disability of the petitioner was found at 45% permanent. It is contended that since disability of the petitioner has now been found

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at 45% permanent, which was the percentage of disability so reflected under Annexure-1, petitioner is eligible and entitled to get the benefit of appointment with quashing of the communication dated 12.02.2024 under Annexure10.

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6 . Mr. B.P. Tripathy, learned Addl. Govt. Advocate basing on the report submitted vide letter dated 05.04.2024 in terms of the order passed by this Court on 28.02.2024, also fairly contended that since the disability of the petitioner has now been found at 45% permanent, which was the disability reflected under Annexure-1, appropriate order can be passed by this Court on the claim of the petitioner.

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6 .1. With regard to the order passed by this Court on 15.04.2024, wherein this Court directed Professor and HOD, Department of Orthopedics, PRM Medical College and Hospital, Baripada to apprise this Court as to how the disability of the petitioner was found at 15% permanent, when it is again found at 45% permanent, placing reliance on the affidavit filed by the Dr. Madan Mohan Sahoo, Professor and HOD, Department of Orthopedics, PRM Medical College and Hospital, Baripada in Court today, learned Addl. Govt. Advocate contended that disability of the petitioner so found at 15% permanent vide report dtd.11.01.2024 under Annexure10, was arrived at in terms of the notification issued by

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the Government of India, Department of Empowerment of Persons with Disabilities in the Ministry of Social Justice & Empowerment dated 18.01.2018.

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6 .2. It is contended that as per the guideline so indicated in the notification, petitioner’s disability was assessed on 11.01.2024 and it was found at 15%. However, since the disability has now been found at 45%, necessary order can be passed on the claim of the petitioner.

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7 . Having heard learned counsel for the parties and considering the submissions made and the fact that the disability of the petitioner has now been found at 45% permanent by the Post Graduate Department of Orthopedic Surgery, SCB Medical College and Hospital, Cuttack communicated vide letter dated 05.04.2024 of the Registrar (Administration) SCB Medical College and Hosptial, Cuttack enclosing the report prepared by the Department on 15.03.2024, this Court is of the view that since disability of the petitioner has now been found at 45% permanent which is the disability indicated under Annexure-1, the ground on which the impugned communication dtd.12.02.2024 was issued by the O.P. No.3 is no more sustainable and this Court is inclined to quash the same. While quashing the same, this Court directs O.P. No.3 to take appropriate action in issuing the order of appointment in favour of the petitioner, within a period of 2 (two) weeks from the date of receipt of this

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order. Petitioner is permitted to provide copy of this order before O.P. No.3 for compliance.

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7 .1. However, prior to parting with the matter, this Court is not satisfied with the manner in which the petitioner was examined by the Department of Orthopedics, PRM Medical College and Hospital, Baripada, where the disability of the petitioner was found at 15% permanent. Not only that, in the affidavit filed in Court today by the Professor and HOD, Department of Orthopedics, PRM Medical College and Hospital, Baripada, a stand has been taken in Para-7 of the affidavit justifying the disability at 15% permanent, without enclosing any document in support of such stand. This Court while expressing its unhappiness with such plea taken by the deponent of the affidavit, issues warning to him not to commit similar mistake in future

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8 . The Writ Petition is accordingly disposed of with the aforesaid observation and direction.

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(Biraja Prasanna Satapathy) Judge

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Basudev

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Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication of order Location: High Court of Orissa, C utta ck Date: 23-Apr-2024 16:41:58

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Signature Not Verified

Subhashree Satapathy v. State of Odisha

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Subhashree Satapathy v. State of Odisha

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