- (1.) THE petitioner who is blind since the age of 2/3 years has filed this writ petition for issuance of writ of mandamus to the respondents to appoint him on the post of Music Teacher in Government School in accordance with the provisions contained in Rajasthan Employment of the Physically Handicapped Rules, 1976.
(2.) THE petitioner has stated that he passed SSC Examination in March, 1975 from Gujarat [secondary School Certificate Examination, Board, Baroda. He has also passed B. A. in Vocal Music in the year 1970 from Prayag Sangeet Samiti. This qualification known as Sangit Prabhakar. He also passed Sangit Visharad Examination in Tabla which is equivalent to B. A. in Instrumental Music, from Akhil Bhartiya Gandharva Vidhyalaya, Board, Miraj (Maharashtra ). The petitioner has stated that he possesses qualifications for appointment as Music Teacher. He submitted his application for appointment on this post through the Employment Exchange, Tonk. His application therefore along with those filed by others was submitted before the Board specially appointed for selecting the candidates for appointment of Teachers. After the interviews were over he was called upon to submit residence certificate from the District Magistrate, Tonk. The petitioner duly complied with this requirement. The petitioner thereafter made several representations for appointment of Music Teacher. He has made reference to these representations which have been placed on record as documents Nos. 1, 2 & 3. His application was forwarded by the Chief Children Officer for appointment as Music Teacher. He again submitted representations which have been placed on record as documents Nos. 5, 6 & 7. The Joint Director (Female), Ajmer informed the District Education Officer (Girls) Ajmer vide letter dt. 17. 7. 1979 that the petitioner's application is being forwarded for further action. The District Education Officer (Girls) Tonk (Ajmer) in turn forwarded the application to the Deputy District Education Officer (Girls), Tonk. Still nothing happened and the petitioner continued to make the representations. In his application dt. 24. 8. 1979 addressed to the Director, Primary and Secondary Education, the petitioner has stated that although the petitioner was placed at No 1 in the selected list, he had not been given appointment. He complained that despite his selection junior to him have been given appointment because he was a blind. In his writ petition, the petitioner made reference to a number of persons who are working as Music Teachers in Girls School. In para 13 he has stated that Shri Champalal working as Music Teacher in Middle Girls School Purani Tonk. In para 15 he has stated that Shri Sohan La! Vyas has been posted in Government School, Lakheri, Shri Mishrilal Pancholi, blind had been posted as Teacher in Middle School, Jahajpur and Shri Shankar Lal had been posted in Government School, Bhilwara. A notice was issued by the Court on 5. 7. 1980 to the respondents as to why the writ petition may not admitted. However, no reply has been filed even till this day although a period of more than 10 years and half has passed since filing of the writ petition.
(3.) THUS the petitioner who is a blind person is waiting for justice for last more than a decade. No reply has been given to him despite his repeated representations, and when he filed writ petition, the Departmental Authorities have maintained silence before this Court also. The Rajasthan Employment of the Physically Handicapped Rules, 1976, were framed with the owed object of giving benefit to the persons were considered Physically Handicapped. The petitioner had admittedly applied in terms of those rules for appointment as Music Teacher and as per averments made by the petitioner which have taken to be correct in the absence of reply. It is clear that this name was in the merit list prepared by the District Education Officer, Tonk. No reason has been put forward by the respondents for with holding appointment of the petitioner. Once the petitioner had been selected by the Committee, except for very cogent reasons, he should not have been deprived of an appointment on the post of Music Teacher. This Court had interpreted the provisions of 1976 Rules in Suraj Prakash Chaturvedi Vs. State of Rajasthan (1 ). In spite of the aforesaid judgment and the Supreme Court, the. Government has been slipping over the matter. In view of the fact no reason has been assigned by the respondents for not appointing to the petitioner on the post of Music Teacher, it is only proper to give a direction to the respondents to appoint to the petitioner on the post of Music Teacher. ;