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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Sasmita Das – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's prayer for engagement and relief. (Para 1) |
| 2. factual background of petitioner's selection process. (Para 2) |
| 3. arguments regarding assessment of disability and selection process. (Para 3 , 5 , 6) |
| 4. court's observations on errors in disability assessment and its implications. (Para 4 , 7 , 8) |
| 5. consideration of delay and impact on the petitioner's rights. (Para 9 , 10 , 11) |
| 6. court's directive for petitioner's appointment and compensation. (Para 12) |
JUDGMENT :
SASHIKANTA MISHRA, J.
The petitioner has filed this writ petition with the following prayer:-
“The petitioner therefore prays that, your Lordships may be graciously pleased to admit the petition, call upon the O.Ps to show cause as to why this petition shall not be allowed, and if they do not show just and appropriate cause or show no cause, allow this petition with cost and issue appropriate nature of writs quashing the order/letter under Annexures-12 and 13 and further directing the Opp.parties to engage this petitioner as Shikhya Sahayak under O.P.No.4 effective from the date Laxmipriya Biswal was engaged as such;
And/or pass such ‘other order as deemed just and proper;
And for this act of kindness
The State cannot differentiate between temporary and permanent disabilities in employment; individuals must not be deprived of their rights due to flaws in disability assessment, affirming equal trea....
Once a disability certificate is accepted for employment, it cannot be questioned later based solely on administrative errors, unless fraud is proven.
The Act mandates that only individuals with permanent disabilities meet the benchmark for reservation in employment, excluding those with temporary disabilities from eligibility.
Once a candidate's candidature is accepted, the authorities cannot later question their entitlement to be considered for engagement.
Once a certificate is accepted and employment is granted, it is not open to the authorities to later question its authenticity.
The court affirmed the importance of valid disability certificates and the necessity of adhering to established benchmarks for disability in employment decisions.
Authorities cannot disengage an employee based on their own errors during selection; principles of estoppel and approbation/reprobation apply.
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