- (1.) All the petitioners of the above writ petitions are claiming to be medically unfit and incapacitated for doing the work of the posts on which they were working and are claiming alternative appointment on some other posts carrying lighter duty in the light of the provisions of Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the Act, 1995).
(2.) In the above bunch of writ petitions the writ petition no. 38185 of 2015, Ravi Shankar Dubey Vs.U.P. State Road Transport Corporation And 5 Others is being treated as the leading case and the facts narrated hereinafter are the facts of that writ petition. However, since a serious doubt has been cast by the respondents upon the constitution and competence of the State Medical Board, all the writ petitions are being taken up together for consideration inasmuch as irrespective of the individual facts of each case it has been agreed by the various counsel for the parties that the State Medical Board should be reconstituted and its decision be treated as final.
(3.) The petitioner has filed the writ petition seeking quashing of the orders dated 27.05.2015 and 03.06.2015. By the order dated 27.05.2015 it has been held that the petitioner has not been found to be suffering from any disability within the meaning of the word as used in the Act, 1995 but they have only been found to be ill and therefore they may be granted medical leave and also be directed to obtain fitness certificate before they are taken back on duty. The other impugned order dated 03.06.2015 is in a similar language.;