CWP No.20830 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.20830 of 2006 Date of Decision: 08-01-2007 1.Saral Kumari wife of Sh.Harish Sharma, resident of House No.1271, Street Para, Palwal (Faridabad) 2.Pawan Kumar son of Sh.Udai Bhan, resident of Village Alhapur, Tehsil Palwal, Faridabad .....Petitioners VERSUS 1.State of Haryana through its Secretary to Government of Haryana, Education Department, Haryana Civil Secretariat, Chandigarh 2.The Director Elementary Education Haryana, 30 Bays Building, Sector 17, Chandigarh 3.The District Elementary Education Officer, Kurukshetra .....Respondents CORAM:- HON'BLE MR.JUSTICE ASHUTOSH MOHUNTA HON'BLE MR.JUSTICE R S MADAN PRESENT: Mr.Anand Bhardwaj, Advocate for the petitioners. R S MADAN, J. Challenge here in this writ petition is the advertisement dated 14-11-2006 (Annexure P7) vide which the special recruitment drive to fill up 560 posts of JBT Teachers in Education Department was advertised inviting the applications from orthopaedically handicapped candidates of Haryana residents with 40% or more disability. The detailed qualification for the aforesaid post was reflected in the advertisement. The last date of CWP No.20830 of 2006 2 submission of application forms was 30-11-2006. The claim of the petitioners is that petitioner No.1 is suffering from hearing impairment with 45% disability whereas petitioner No.2 is suffering from low vision with 60% disability. They have been denied of their right of employment and opportunity in violations of Sections 32 and 33 of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as an 'Act'). It is further the case of the petitioners that aggrieved by the aforesaid advertisement, the petitioners made individual representations dated 21-11-2006 to respondent No.2 and submitted that the candidates suffering from blindness or low vision and hearing impairment have been deprived of their right to be considered for appointment against the posts reserved for them. A copy of the representation is annexed as Annexure P8. Respondent No.2 submitted the following reply (Annexure P9), which is reproduced as under: “From Director Elementary Education Haryana Chandigarh To 1.Sarla Sharma House No.1271, Street Para, Palwal (Faridabad) 2.Parveen Kumar Village & Post Office Kalwaka, (Faridabad) 3.Pawan Kumar Village & Post Office Alapur, (Faridabad) CWP No.20830 of 2006 3 4.Dinesh Kumar Village & Post Office Kalwaka, (Faridabad) Memo No.20/18-2004-ET-II (4) Dated, Chandigarh, the 05.12.2006 Subject: Regarding appointment to the post of JBT Teacher Representation of blind candidates thereof. Reference your representation dated 21/27-11-2006 on the subject noted above. It is intimated that JBT Teacher is required to teach students of Primary classes both by writing on blackboard as well as orally. He/She has to correct and guide children in writing and forming various alphabets and words besides simple arithmetic. The teacher is also supposed to engage these children in play activities. Small children are restless. They love to be doing something: to sit idle and passive is not at all to their taste. One of the marked characteristics of children is love of variety, changeableness, lack of power to concentrate. Their minds are like butterflies flitting about from flower to flower. To discipline such a group, the teacher must be able to see and hear any disturbance or movement in class. As such blind or deaf and dumb teachers may prove to be failure in Primary Classes. And therefore, in view of the reasons given above, the State Government has considered the matter in terms of provision to Section 36 of the PWD Act 1995 and decided to inter-change blind deaf/dumb vacancies into Physically disable candidates for the appointment to the post of JBT Teachers in Govt. Primary School. In view of the above decision of the State Government the department of Elementary Education Haryana, CWP No.20830 of 2006 4 Chandigarh has invited the application only for the orthopaedically handicapped candidate by converting the 2% quota of blind and deaf/dumb disable candidate in all over quota of 3%. Sd/- Administrative Officer(P) for Director, Elementary Education, Haryana, Chandigarh Endst.No. Even Dated A copy for information and necessary action is forwarded to District Elementary Education Officer, Kurukshetra. Sd/- Administrative Officer(P) for Director, Elementary Education, Haryana, Chandigarh” The claim of the petitioners is that they have been deprived of their right to be considered for the post of JBT teachers against the quota mentioned in the Act. We have considered the case of the petitioners and are of the view that taking into account the stand of the Department as mentioned above in Annexure P9, the paramount consideration before the Department is to impart the best possible education to the innocent children of primary classes. To discipline such a group of children, a teacher must be able to see and hear any disturbance and movement in the class where a blind or deaf and dumb teacher may prove to be a failure to teach the students of the Primary Classes. In the advertised posts, the offer is being made to the orthopaedically handicapped candidates suffering disability to the extent of CWP No.20830 of 2006 5 40% from the residents of Haryana, is in order and without any infirmity. Hence, this writ petition being devoid of merit is dismissed. ( R S MADAN ) JUDGE ( ASHUTOSH MOHUNTA ) January 08, 2007 JUDGE jt