HC to govt: Pay ₹1L, appoint disabled candidate in OAS

Cuttack: The Orissa high court has directed the state government to pay a compensation of Rs 1 lakh and appoint a person to a post in the Group A (junior branch) of Odisha Administrative Service (OAS) in the unreserved category after his candidature was rejected on the ground that he is 40% disabled.The single judge bench of Justice Sanjay Kumar Mishra issued the direction recently while hearing the petition of Anushrav Gantayat who had qualified in the Odisha Civil Service preliminary and main examinations of 2017 and appeared for the personality test in 2018, but was not among the 106 candidates selected by Odisha Public Service Commission (OPSC) and notified on December 19, 2018.The bench added, “If so required, an extra post be created for adjustment of the candidate.”The HC found Gantayat had secured more marks than the last candidate selected under the unreserved male as well as physically handicapped (visually impaired) categories.“The state, so also, OPSC have committed grave illegality by denying appointment to the petitioner solely on the ground that his percentage of disability was 40% and not more than 40%,” Justice Mishra said in his December 19 judgment.“Since, the petitioner has been deprived of his legitimate rights accruing out of the Rights of Persons with Disabilities Act, 2016, so also Article 16 of the Constitution of India, to mitigate the hardship so also loss caused to the petitioner, who is a disabled person, this court directs the state government to pay the petitioner a cost of Rs 1,00,000 within a period of two months,” Justice Mishra said.
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