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‘Exercise Discretion With Humane Consideration’ To Consider Request Of Visually Impaired Teacher For Preferable Posting: Madhya Pradesh HC

The Madhya Pradesh High Court recently instructed the State Government to sympathetically consider the representation of a government school teacher who was 100% visually impaired for a posting based on her preference, in the case of Bharti Meshram V. State Of Madhya Pradesh (Writ Petition No. 3798 Of 2022).

Brief Facts Of The Case: The petitioner was a resident of Waraseoni, District Balaghat, and she was completely blind. She was hired to teach middle school in a government school in Sarouli, District of Jabalpur. Since the school was 300 kilometres from her hometown, she twice requested a posting there from the relevant authorities, but the requests were ignored. Her writ suit asks the court to instruct the respondents to treat her condition sympathetically and assign her a posting based on her three preferences.

Judgement: Taking into account the case’s circumstances, the court asked the state government to rule on the petitioner’s arguments within 30 days. The Court further urged the Government to handle the situation delicately. Additionally, it recommended them to use their discretion and offer the position to the petitioner while taking appropriate compassionate measures to ensure the perpetuation of the welfare state. However, the court said that before dismissing the complaint, it would like the respondents to take into account that the petitioner suffers from a severe disability that affects their capacity to move around even though all other bodily parts are healthy.

They are also urged to keep in mind that a just government should ensure the creation and maintenance of a welfare state. Additionally, they are urged to keep in mind that, in order to achieve their goal, they might sympathetically consider posting the petitioner in one of the three locations of her choosing. The court further stated that although the executive branch unquestionably has the power to use discretion, doing so with proper regard for human rights is what would construct a welfare state in Madhya Pradesh.

 

JUDGEMENT REVIEWED BY PRAKIRTI JENA

Click Here To View Judgement

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