- (1.) Petitioner is stated to employed in an aided madarsa and has been physically handicapped (blind in both eyes) during course of employment. He has come up with a plea that he is entitled to continue in employment and for payment of salary in view of Section 47 of Act No. 1 of 1996.
(2.) This Court in the case of Ashok Kumar Tiwari and Ors. v. State of U.P. and Ors., 2008 1 ESC 746 in paragraph 31 has held as follows: In view of the foregoing discussions, this writ petition is disposed of with the following directions: (i) The State of U.P. respondent No. 1 is directed to take a decision as to whether physically handicapped belonging to the category of blinds or low vision or suffering from hearing impairment are eligible for appointment as primary teachers or entitled to be admitted in Special B.T.C. Training Course, 2007 keeping in view the identification of posts as made by the State of U.P. vide Government order dated 7.5.1999. The said decision shall be taken within a period of four weeks from today. Until such decision is taken, the seats reserved in different D.I.E.Ts. for audio and visual handicapped be not filled up; (ii) In the event, if any of the categories, i.e., blind/low vision or suffering from hearing impairment is found eligible for Special B.T.C. Training Course, 2007, the necessary methodology and manner for imparting training to them be also spelt out with all necessary details; (iii) In the event, any category of Physically Handicapped is not found eligible then the 3% seats reserved for Physically Handicapped Category be filled up from other eligible category of Physically Handicapped Category candidates; and (iv) Separate merit index be provided for different categories of Physically Handicapped Category in the event more than one category of Physically Handicapped Category is found to be eligible for imparting Special B.T.C. Training Course, 2007.
(3.) In terms of the said judgment of this Court, the State Government vide notification dated 31.2.2008 identified the post of teachers for physically handicapped persons within the category of blind in both the eyes as well as partially blind as suitable for employment. Reference in this regard is made to entry 26 (a) which reads as follows: (2)Ukt shashanadesh ke sath sanlagn sharirik roop se viklango ke liye padon ka chinhankan-samoh 'ga' ke samkaksh pad ki suchi ke kramank 26 'ka' ke paschat suchi 'ka' kramank-26 'a' nimnwat sammilit kiya jata hai-B. Pb. D.Pd. .... 26. Primary School Teacher SE.H.F.S. OL.BL.MW.OA;