CWP No.6105 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.6105 of 2010 (O&M) Date of Decision: 05.04.2010 **** Harbans Kaur . . . . Petitioner VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. P.S. Grewal, Advocate for the petitioner ***** SURYA KANT J. (ORAL) (1). The petitioner seeks a mandamus to direct the respondents to appoint her as Sewing Teacher against the post reserved for physically challenged persons. (2). The petitioner’s case is that she has done Diploma in Teachers Training Course from the Government Industrial Training Institute, Bathinda and is physically disabled to the extent of 50%. She is said to have applied in response to an advertisement dated 11.12.2006 (Annexure P4) issued by the Punjab Subordinate Services Selection Board, whereby, applications for various posts were notified. CWP No.6105 of 2010.doc - 2 – (3). The grievance of the petitioner is that though as per her placement in the merit list, she is entitled to be appointed, however, she was not been given appointment for want of Physical Fitness Certificate regarding her capability to perform the duties. The said Physical Fitness Certificate dated 26.12.2006 (Annexure P8) was later on produced by the petitioner followed by a representation dated 04.01.2007 (Annexure P9) as well as subsequent reminders dated 16.12.2008 and 15.10.2009 (Annexure P10 & P11, respectively) but no decision regarding her appointment has been taken by the respondents so far. (4). After hearing learned counsel for the petitioner, it appears that the questions of fact raised by the petitioner needs to be ascertained by the competent authority. I accordingly deem it appropriate to dispose of this writ petition with a direction to Director Public Instructions (Secondary Education), Punjab to consider the petitioner’s claim and also to afford an opportunity of personal hearing to her, if so required, and thereafter dispose of her pending claim by passing a speaking order within a period of four months from the date of receipt of a certified copy of this order. CWP No.6105 of 2010.doc - 3 – (5). Ordered accordingly. (6). Dasti . (SURYA KANT) JUDGE 05.04.2010 vishal shonkar