The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.21488 of 2024 Ganeswar Behera Petitioner Mr. S.K. Mishra, Sr. Adv. appearing on behalf of …. Mr. S. Mishra, Advocate State of Odisha and Others -versus- …. Opposite Parties Mr. M.K. Das, ASC CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
Decision
ORDER 04.04.2025 W.P.(C) No.21488 of 2024 & I.A. No.5499 of 2025 Order No. 04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the Parties. 3. The present Writ Petition has been filed inter alia with the following prayer:- “The petitioner therefore prayed that this Hon'ble Court would graciously be pleased to issue Rule Nisi calling upon the Opp. parties to show cause as to why the temporary Disability Certificate issued in favour of the petitioner dt.26.12.2023 under Annexure-5 shall not be quashed and as to why the petitioner shall not be issued with permanent Disability Certificate with 100% loss in both ears as has been issued under Annexure-3 as well as in consideration of Audio-logical Certificates under Annexure- ’6 series; // 2 // And if the Opp. parties fail to show cause or show insufficient case the said Rule be made absolute; And/or pass any other writ/writs, order/orders the Hon’ble Court deem fit and proper in the facts and circumstances of the case; And for which act of kindness the petitioner as in duty bound shall ever pray”. 4. It is contended that on the face of the disability of the Petitioner so reflected in Annexure-3, which is 100 % permanent, while issuing Annexure-5 when Opposite Party No.3 indicated the disability of the Petitioner at 52% temporary, Petitioner challenging the same is before this Court in the present Writ Petition. 4.1. It is contended that subsequent to issuance of Annexure-5, Petitioner when was examined by the authorities of Capital Hospital, Bhubaneswar as well as S.C.B, Medical College & Hospital, Cuttack, his disability was found at 100% permanent vide Annexure-6-Series. 4.2. It is also contended that taking into account the disability found by the authorities of Capital Hospital, Bhubaneswar as well as S.C.B, Medical College & Hospital, Cuttack under Annexure-6-Series, Petitioner when moved an application before the Collector-cum- District Magistrate, Balasore under Annexure-7-Series with a prayer to rectify the percentage of disability reflected by the Opposite Party No.3 under Annexure-5, the same was forwarded to the Opposite Party No.3, by Opposite Party No.2 on 15.07.2024. But no action was Page 2 of 5 // 3 // taken to correct the certificate issued under Annexure-5 by Opposite Party No.3. 4.3. It is also contended that in the meantime basing on the advertisement issued by the Odisha Subordinate Staff Selection Commission for recruitment to the post of Pharmacist and Multipurpose Health Worker(Male) on 15.12.2023 vide Annexure-A to the interim application, Petitioner has come out successful and date of verification of the documents has been fixed from 04.04.2025 onwards. 4.4. It is contended that since in terms of the advertisement, the minimum requirement to get the benefit of appointment is 40% disability permanent and Petitioner has been wrongly issued with the certificate by Opposite Party No.3 under Annexure-5 by showing his disability at 52% temporary, Petitioner’s candidature will be rejected, on the ground of having not the required percentage of the disability in terms of the advertisement and the guidelines issued by the Government in that regard. 4.5. It is accordingly contended that necessary direction be issued to Opposite Party No.3 to issue a fresh disability certificate taking into account the disability found by the authorities of Capital Hospital, Bhubaneswar as well as S.C.B, Medical College & Hospital, Cuttack under Annexure-6-Series within a Page 3 of 5 // 4 // reasonable time so that Petitioner can appear for verification of the documents including the disability certificate. It is also contended that in the interim Petitioner be protected from being held ineligible for not having the required disability certificate to get the benefit of appointment in terms of the advertisement issued under Annexure-A. 5. Mr. M.K. Das, learned Addl. Standing Counsel for the State basing on the materials available with him contended that after filing of the Writ Petition and forwarding of his representation by Opposite Party No.2 on 15.07.2024 vide Annexure-7-Series, Petitioner though has been requested by Opposite Party No.3 to surrender the disability certificate so issued in his favour under Annexure-5, for taking further course of action at the end of Opposite Party No.3, but he has got no further knowledge as to whether Petitioner has surrendered the certificate so issued in his favour under Annexure-5, for taking further action in the matter. 6. Having heard learned counsel appearing for the Parties and considering the submissions made and taking into account the relief claimed, this Court while disposing the Writ Petition directs Opposite Party No.3 to issue a fresh disability certificate in favour of the Petitioner by making a fresh verification of the Petitioner’s disability by 11.04.2025. It is however observed that while issuing Page 4 of 5 // 5 // such a fresh certificate as well as fresh verification of the Petitioner’s disability, relevancy and effect of the report submitted by the authorities of Capital Hospital, Bhubaneswar as well as S.C.B, Medical College & Hospital, Cuttack under Annexure-6-Series be taken into consideration in its proper perspective. 6.1. Petitioner is directed to appear before the C.D.M.O, Balasore-Opposite Party No.3 on 07.04.2025 and surrender the original certificate issued in his favour under Annexure-5. Petitioner is also directed to provide the original of Annexure-6-Series before Opposite Party No.3 for compliance of this order. Till such a certificate is issued as directed by Opposite Party No.3, candidature of the Petitioner may not be rejected by the authorities of Odisha Subordinate Staff Selection Commission. 7. Accordingly, the Writ Petition along with I.A stands disposed of. A free copy of this order be handed over to Mr. M.K. Das, learned ASC for compliance. Subrat Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-Apr-2025 10:57:32 (Biraja Prasanna Satapathy) Judge Page 5 of 5