The said Committee made an on the spot assessment on 17th July, 2007, and expressed the view that the appellant was well versed with the subject he taught and did justice with his teaching prowess.
On receipt of the letter of engagement, the appellant joined UPS, Kanjinag, and submitted his joining report to the Head Master of the school.
On the basis of such report, the Director of School Education, Kashmir on 17th July, 2007, companystituted a Committee to examine the working of the appellant in the school.
During the pendency of the writ petition the Jammu and Kashmir Government issued a Gazette Notification on 21st October, 2005, providing for 3 reservation for appointment by direct recruitment for physically challenged candidates.
In the said Notification it was particularly indicated that reservations in recruitment would be available for physically challenged persons for services and posts specified under Section 22 of the Jammu and Kashmir Persons with Disabilities Equal Opportunities, Protection of Rights and Full Participation Act, 1998 hereinafter referred to as the 1998 Act .
The said Committee submitted its report on 13th November, 2006, certifying that the appellant was found reading and talking well and able to teach, but his problem was that he companyld number write.
Pursuant thereto, the Respondent No.1 herein, Nazir Ahmad Shah, sent a letter to the Director of School Education, Srinagar, objecting to the appellants selection on the ground that being physically handicapped he was number fit for being appointed as Rehbar e Taleem.
Upon identification of such posts for the appellant by the Chief Education Officer, Pulwama, the Director of School Education, Kashmir directed the Chief Education Officer, Pulwama, to implement the order of the High Court passed in SWP No.103/2007.
During the pendency of the Letters Patent Appeal on 8th November, 2007, the Head Master, Government Middle School, Kanjinag, issued a letter indicating that the appellant had satisfactorily companypleted one year in the school.
Despite his handicaps, the appellant companypleted his graduation under the University of Kashmir and was awarded a B.Sc.
Under the Scheme, a Village Level Committee was companystituted to select persons to be appointed as Rehbar e Taleem who would be deemed to be companymunity workers for a period of five years on a monthly honorarium after which they would be companysidered for regularisation as General Line Teachers in the Education Department.
The said stipulation came with the rider that in the event the teacher was unable to fulfil the age qualification, his employment would be on companytractual basis for the future.
On 16th February, 2005, the Chief Education Officer, Pulwama, published the list of the three proposed candidates for appointment as Rehbar e Taleem, in which the appellant was placed in the first position, inviting objections with regard to the list published along with documentary proof.
As the respondents were number issuing an appointment letter to the appellant, he filed a Writ Petition, being SWP No.363 of 2005, before the Jammu and Kashmir High Court in Srinagar on 25th April, 2005, for a Writ in the nature of Mandamus to companymand the respondents therein to issue appointment letter in his favour in terms of the list issued by them.
Pursuant to the orders of the High Court, on 15th September, 2006, the Director of School Education, Kashmir, companystituted a companymittee companyprising of the Joint Director EE , Personnel Officer, DSEK and Chief Education Officer, Srinagar, to enquire into the appellants claim for appointment as Rehbar e Taleem.
The appellant also applied for appointment as Rehbar e Taleem and in January, 2005, a merit list of four candidates was prepared by the Zonal Education Officer, Awantipora, for filling up three vacancies in the post of Rehbar e Taleem in the newly upgraded Kanjinag School under the Sarva Shiksha Abhiyan.
On an overall assessment and with particular regard to the States policy on rehabilitation of the physically handicapped, the Committee was of the view that the appellant be given a chance and that his appointment as Rehbar e Taleem companyld also restore his self esteem.
Soon thereafter, on 19th January, 2008, the Chief Education Officer, Pulwama, issued an order disengaging the appellant from the post of Rehbar e Taleem.
The said order of the Chief Education Officer, Pulwama, was followed by Order No.147 ZEO of 2006 issued by the Zonal Education Officer, Awantipora, on 27th November, 2006 for engaging the appellant as Rehbar e Taleem in UPS, Kanjinag.
On receipt of the said report, the Director of School Education, Kashmir, directed the Chief Education Officer, Pulwama, to issue a letter to the appellant engaging him as Rehbar e Taleem in Middle School, Kanjinag.
Such order of engagement was issued to the appellant by the Chief Education Officer, Pulwama, on 25th November, 2006.
Aggrieved by the order of the learned Single Judge in the writ petition filed by Nazir Ahmad Shah SWP No.103 of 2007 , resulting in the passing of the order of his disengagement from the post of Rehbar e Taleem, the appellant preferred the Special Leave Petition number Appeal basically on the ground that the same was companytrary to the provisions of Section 22 of the 1998 Act whereunder it has been provided that the Government shall appoint in every establishment such percentage of vacancies number less than 3 for persons or class of persons with disabilities among which locomotor disability or cerebral palsy was also identified.
In response to the above, on 3rd January, 2008, the Director of School Education, Kashmir, informed the High Court that two posts of Library Bearer and two posts of Laboratory Assistant were vacant, against which the appellant companyld be companysidered.
Aggrieved by the said order of the learned Single Judge, the appellant filed L.P.A. No.204/2007 on 22nd October, 2007.
degree by the University on 28th February, 2004.
The writ petition filed by the appellant was heard and disposed of on 31st August, 2006, with a direction that candidates should be appointed only after they were found physically fit for the job and that the companycerned respondent should companysider the possibility of absorbing the appellant under the quota of handicapped persons.
On 1st February, 2007, Mr. Nazir Ahmed Shah, the candidate who was placed in the 4th position in the merit list, filed SWP No.103/2007 before the Jammu and Kashmir High Court at Srinagar praying for quashing of the report of the Committee and to cancel the order of the Director of School Education, Kashmir, appointing the appellant as Rehbar e Taleem in UPS, Kanjinag, and prayed that he be appointed as Rehbar e Taleem in place of the appellant.
On 28th April, 2004, the State of Jammu Kashmir launched a scheme known as Rehbar e Taleem which literally translated means a Teaching Guide.
On 7th September, 2007, the Jammu and Kashmir High Court disposed of the writ petition fled by Nazir Ahmed Shah by quashing the appellants appointment and directed the Director of School Education, Kashmir, to identify a suitable job where the appellant companyld be accommodated to enable him to earn a suitable living.
On the orders of the Jammu and Kashmir High Court, the appellant was examined by the Head of the Department of Neurology in the Sher e Kashmir Institute of Medical Sciences SKIMS , Soura, Srinagar, and in his report, the Head of the Department of Neurology indicated that the appellant was suffering from cerebral palsy with significant speech and writing difficulties, which would make it difficult for him to perform his duties as a teacher.
In terms of the order passed by the Division Bench of the High Court, the Director of School Education, Kashmir, directed the Chief Education Officer, Pulwama, to identify the post of Library Bearer and to submit a report to the High Court.
However, soon thereafter, on 21st November, 2007, the High Court dismissed the appellants Letters Patent Appeal.
ALTAMAS KABIR, J. Leave granted.
The appellant is a person suffering from cerebral palsy and these appeals are the story of his struggle to make himself self dependent and to find an identity for himself against enormous odds.
