Ahmedabad: The Gujarat High Court has directed
the state government to appoint a disabled man as an assistant
teacher after it found the administration`s stand for denying
him the job "unjust, arbitrary and discriminatory".
The judgment was passed last week by Justice Abhilasha
Kumari while hearing the petition of Rakesh Patel, who had
approached the court after he was denied appointment by the
primary education department as `Vidya Sahayak` (assistant
teacher) under the physically handicapped category despite
having the required eligibility and qualifications.
"Judged in the background of the factual matrix of the
case, there can be no doubt that the acts of omission and
commission of the respondents (state government, director
primary education and Bhavnagar district primary education
officer (DEO) are not only unjust and unfair, they are also
tainted by the vice of arbitrariness and discrimination. Hence
they are unsustainable in law," the court order stated.
The state government was directed to appoint Patel as
assistant teacher in the physically disabled category, within
one month from date of receipt of its order.
Patel had applied for the post of assistant teacher
following an advertisement by the Bhavnagar district Education
officer (DEO) in April 2007.
Out of 19 positions for Art Teachers Diploma (ATD)
teachers, one was reserved for physically disabled as per
rules of the Gujarat government.