Nafr High Court
Case Details
1 MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.06.11 10:32:10 +0530 2025:CGHC:22788-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 350 of 2025 Shweta Devi Pandey W/o Shri Tamradhwaj Shukla Aged About 39 Years R/o 5/561 Ayodhya Nagar, Ring Road No. 02, P.S. Civil Line, Tahsil And District Bilaspur Chhattisgarh ... Appellant(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Women And Child Development, Mantrayalay, Mahanadi Bhawan, New Raipur, Atal Nagar, Distt. Raipur Chhattisgarh 2 - Director Office Of Directorate, Women And Child Development, Block No. 01, 2nd Floor, Indrawati Bhawan, Atal Nagar, Distt. Raipur Chhattisgarh 3 - Deputy Director Office Of Directorate, Women And Child Development, Block No. 01, 2nd Floor, Indrawati Bhawan, Atal Nagar, Distt. Raipur Chhattisgarh 4 - District Programme Officer Office Of District Programme Officer, Women And Child Development Department, Bilaspur, Distt. Bilaspur Chhattisgarh 5 - District Women And Child Development Officer Office Of District Women And Child Development Officer, Gpm, District Gaurella-Pendra- Marwahi ... Respondent(s) For Appellant(s)
Legal Reasoning
: Mr. Anand Shukla, Advocate For Respondent(s) : Mr. Sangharsh Pandey, G.A. and Mr. Vivek Siddharth Ojha, Advocate 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha , Chief Justice 10.06.2025 1. The office has raised an objection that the writ appeal against an interim order is not maintainable. 2. Heard Mr. Anand Shukla, learned counsel for the appellant. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for respondent/State as well as Mr. Vivek Siddharth Ojha, learned counsel for respective respondents. 3. The appellant has filed this writ appeal with I.A. No.03/2025 i.e. application for grant of interim relief with following prayer: “It is therefore, prayed that this Hon'ble Court may kindly be pleased to allow this application and stay the effect and operation of the order dated 02.05.2025, so far as it relates to the medical examination of the appellant, till the final disposal of the instant case in the interest of justice.” 4. Brief facts of the case are that the appellant is physically disable person by the reason of hearing impairment. As per the provision of person with disabilities act, 2016 (herein after called the Act, 2016 for brevity) and the Person with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 has been issued with disability certificate by the competent 3 authority. The Appellant was appointed as Child Development Project Officer on 22.01.2022 under the physically disable category. The Appellant is currently posted at District Guarella- Pendra- Marwahi. The Appellant is having Bilateral Hearing Impairment and during the appointment process, the Appellant underwent thorough verification and examination to establish her eligibility for the post under the Physical Disability category. She submitted her disability certificate, which clearly shows that she has a Bilateral Hearing Impairment, with a disability rating of 46%. F. A complaint was made against the Appellant alleging that the Appellant has obtained her disability certificate through fraudulent manner and used it to secure her selection. In response to the complaint, the Director, Women and Child Development/Respondent No.02 instructed the District Programme Officer, Bilaspur/Respondent No. 04 vide letter dated 19.05.2023 to verify the disability certificate of the appellant and revert back to the directorate. The District Programme Officer, Bilaspur/Respondent No. 04 vide letter dated 19.05.2023. Instructed the Civil Surgeon, Bilaspur, to verify the authenticity of the appellant's disability certificate and submit a report on the same. In pursuance of the letter dated 19.05.2023 the Civil Surgeon vide letter 24.05.2023 directed the Appellant to appear before him with all the relevant documents so as to undergo the verification of her physical disability. During the effect of the direction dated 19.05.2023, one more letter was issued to the 4 Appellant on 26.05.2023. The Deputy Director/Respondent No.03 issued the letter to the District Women and Child Development Officer/Respondent No. 05 directing that the Appellant need to undergo the verification of her disability certificate before the President of Divisional Medical Board, Joint Director and Superintendent of Dr. Bhimrao Ambedkar Hospital, Raipur. The said letter was issued in pursuance of the order passed in W.P. (P.I.L.) No. 36/2023 vide dated 24.04.2023. 5. One Chhattisgarh Divyang Seva Sangh has been persistently raising unfounded complaints before various departments of the State Government, causing the bona fide appointments of disabled individuals to be repeatedly questioned and harassed. The Chhattisgarh Divyang Seva Sangh had also filed a PIL before this Court bearing registration number W.P. (P.I.L.) No. 36/2023, wherein this Court directed the Chief Secretary to file a personal affidavit explaining why no positive steps have been taken to verify the physical disability certificates. In a complete misinterpretation of the order dated 24.04.2023 passed by this Court in W.P.(P.I.L.) 36/2023, the appellant, who is appointed under the Physical Disability quota, was once again directed to undergo verification of his disability. On 13.06.2023 without providing any sufficient time to the Appellant, the District Women and Child Development Officer/Respondent No. 05 issued the show cause notice to the Appellant as to why the Appellant has not undergone the verification of her disability certificate in 5 pursuance to the direction dated 26.05.2023. the Appellant has also replied to the said SCN on 15.06.2023. The Appellant appeared before the District Medical Board, Bilaspur and undergone verification of her disability. The District Medical Board, Bilaspur on 14.06.2023 verified the disability of the Appellant and vide letter dated 14.06.2023 specified that the Appellant belongs to the category of physically disable person and is having hearing impairment of 46%. The Civil Surgeon vide letter dated 15.06.2023 also addressed the letter to the District Programme Officer/Respondent no.04 that the Appellant has been successfully underwent verification of her disability. The disability certificated of the Appellant is found to be genuine and the Appellant is having hearing impairment of 46%. The Appellant vide letter dated 16.06.2023 apprised the District Women and Child Development Officer/Respondent no. 05 that she had undergone the examination of her physical disability and the District Medical Board has verified her Disability Certificate. Thereafter, on 23.06.2023, a letter was issued by the District Women and Child Development Officer/Respondent No. 05 to the Appellant that the Appellant has not complied with the direction dated 19.05.2023 and 26.05.2023 therefore disciplinary action has to be initiated against the Appellant for non-compliance of the orders. Aggrieved by the arbitrary action of the State Authorities the Appellant approached this Hon'ble Court in W.P.(S) no. 6220/2023 and this Court vide order dated 20.09.2023 was 6 pleased to direct that no coercive steps shall be taken against the Appellant. 6. However, on 2.5.2025, the Writ Court modified the interim order and granted liberty to the respondents to proceed against the appellant and other selected candidates but they have been restrained from taking a final decision without the leave of the Court. Further, a direction was issued for the medical examination of the appellant and other similarly selected candidates strictly in accordance with the provisions of the Rights of Persons with Disabilities Act, 2016 (for short "Act of 2016") in a fair and transparent manner. The Secretary, Department of Health and Family Welfare has been directed to constitute a State Medical Board for examination of the appellant and other selected candidates and to submit its report. The appellant has challenged the order dated 2.5.2025 by filing this writ appeal. 7. With regard to the maintainability of the writ appeal, Mr. Shukla would submit that the writ appeal is maintainable in light of the law laid down by the Hon'ble Full Bench in the case of Ajay Jagarnath vs. State of Chhattisgarh, AIR 2017 CHHATTISGARH 45, wherein it is held that the order vitally affecting the right of the parties having bearing on the final adjudication, though interim at the interim stage is not pure interlocutory order and an appeal would lie against it. He would further submit that earlier the disability certificate of the appellant 7 was duly verified by the expert committee and there is no need for re-examination or scrutiny of the said document. Therefore, there was no need for modification of the interim order granted on 20.09.2023. He would pray to allow the writ appeal. 8. On the other hand, learned Advocates appearing for the respondents would oppose the submissions made by counsel for the appellant. They would submit that the interim order/protection is still operating in favour of the appellant. It is argued that the Writ Court has issued a direction for the medical examination of the appellant and other similarly situated persons. They would contend that as there is no order affecting the rights of the appellant, this appeal is not maintainable. 9. We have heard learned counsel for the parties and perused the material available on the record. 10. Admittedly, there is a dispute with regard to the disability certificate issued in favour of the appellant. The Appellant was appointed as Child Development Project Officer on 22.01.2022 under the physically disable category. The Appellant is currently posted at District Guarella-Pendra- Marwahi. A complaint was made and the certificate of the appellant and other selected candidates was examined by a three member committee. A report was submitted and findings were recorded in favour of the appellant and other selected candidates. It appears that the disability certificates and persons suffering from disabilities were not examined by the Medical Board or any expert body, therefore, 8 the department issued show-cause notices to the appellant and other selected candidates and those notices were challenged by filing various writ petitions. The Writ Court vide order dated 20.09.2023 passed a protective order in favour of the appellant and other selected candidates. Vide order dated 2.5.2025, the writ Court permitted the State to continue with the proceedings but restrained them from passing the final order and in the meanwhile, directed the Secretary, Department of Health of Family Welfare to constitute a State Medical Board for examination of the appellant and other selected candidates and to submit a report. 11. The appellant has not assailed the interim order passed in the writ petition dated 2.5.2025 rather he has sought a part stay, which cannot be granted. A perusal of the order dated 2.5.2025 would show that the interim order is still operating in favour of the appellant. No order has been passed affecting his rights, therefore, the writ appeal is not maintainable. The appellant would be at liberty to raise all the grounds available to him before the writ Court. 12. Accordingly, in our opinion, the present appeal is liable to be and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet