- (1.) Shiv Naresh Singh Chauhan and 4 others are before this Court, assailing the validity of judgment and order dated 31.7.2013 passed by learned Single Judge in Writ-A No. 39569 of 2013: Shiv Naresh Singh and 4 others Vs. State of U.P. & others, wherein learned Single Judge has proceeded to partly allow the writ petition in question with the direction to the respondents to arrange an Expert Medical Board for examination of petitioners' hearing impairment disability within one month from the date of production of certified copy of the order. Relevant portion of impugned order is quoted as under: "7. Respondents, therefore, are directed to arrange an Expert Medical Board for examination of petitioners' hearing impairment disability within one month from the date of production of certified copy of this order before the competent authority, and, in case, petitioners appear before such expert body, they shall be examined and respondents, thereafter shall proceed further in the light of the report submitted by such Medical Board. 8. It goes without saying that in case the Medical Board verify petitioners' disability impairment to the extent of prescribed limit, respondents shall proceed to take steps for appointment of petitioners since otherwise they are already selected, but in case the report is against the petitioners, respondents shall be free to proceed with selection pursuant to the advertisement."
(2.) Record in question reflects that selection process has been undertaken for offering appointment on the post of 'Rural Development Officer' and the petitioners claiming themselves to be physically handicapped persons in the category of hearing impairment, also applied for being selected under reserved category quota on the post in question and accordingly, the petitioners at the relevant point of time, proceeded to apply for consideration of their candidature. In support of their case, the petitioners have submitted certificate of physically handicapped for hearing impairment to the extent of more than 40 per cent issued by the Chief Medical Officer of the concerned Districts. The petitioners have gone through the process of selection and thereafter it reflected that serious issues were raised regarding certificates so issued to the petitioners doubting its correctness and in this background the authorities on the spot proceeded to take action against the petitioners and consequently fresh advertisement was issued on 23.5.2013. Aggrieved petitioners-appellants filed writ petition no. 39569 of 2013 in question and the learned Single Judge has proceeded to consider the case of the petitioners and found that on the basis of record available the percentage of hearing capacity in the petitioners has been found less than 40% and in view of this as petitioners have been claiming that hearing impairment is more than 40%, learned Single Judge to provide one more opportunity to face Medical Board.
(3.) Learned counsel for the petitioners-appellants submits that once in the past the petitioners have faced the Medical Board then, there was no occasion for re-examination as has been directed by learned Single Judge and in view of this, the Court should intervene in the matter. Per contra, learned standing counsel has submitted that from the record available, it appears that hearing impairment of the petitioners is less than 40% and in view of this certificate so issued did not give correct situation and therefore petitioners have rightly been directed by learned Single Judge to appear again before the Medical Board so constituted.;