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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 :
The petitioner has filed this writ petition with the following prayer:-
And/or pass such ‘other order as deemed just and proper;
2. The facts of the case are that pursuant to an advertisement for engagement of Shikshya Sahayaks, the petitioner submitted her application under the physically handicapped category. She was provisionally selected under the unreserved category for engagement in Kalahandi district as per merit list published on 21.03.2016. The petitioner’s testimonials were verified by the District Project Coordinator, Kalahandi and she was assigned to Singhapur center under M. Rampur block. However, instead of issuing engagement order, she was referred to the Medical Board by the District
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.
Estoppel principle applies to prevent authorities from disengaging an appointed individual based on erroneous internal assessments, unless fraud or misrepresentation is proven.
Mental illness qualifies as benchmark disability eligible for posts unless policy excludes; requires medical expert verification of sound mind and fitness; merit determines selection among qualified ....
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