BANGALORE: In a major relief to the physically challenged, the Karnataka High Court on Thursday directed the State to conduct within four months a special drive to recruit 142 physically challenged to the posts of primary school teacher.

The court, however, did not disturb the 4,676 teachers already recruited for 2005-06 and working in schools since January 2007.

In its order, a Division Bench comprising Justice Chidanand Ullal and Justice Ashok B. Hinchigeri dismissed an appeal by the State against a December 20, 2006 order of a single judge directing the Government to redo the reservation of posts of primary teacher and reserve five per cent of the posts to the physically challenged.

The Commissioner for Persons with Disabilities had in 2005 allowed an application by Nagaveni M.C., of Malur, Kolar district, and directed the State to provide for reservation to the disabled.

An orthopaedic challenged person, Ms. Nagaveni, said that the State failed to reserve seats in the September 3, 2005 notification calling for applications for the posts of teacher.

She said the Government had invited applications for the posts of primary school teacher in 42 educational districts. However, adequate number of posts had not been reserved for persons with disabilities though there was an earlier Government order reserving five per cent of the seats. The State had petitioned the Karnataka High Court against the order. The single judge had dismissed the petition and directed the departments of Primary and Secondary Education, the Personnel and Administrative Reforms and Public Instruction to withhold the recruitment of 4,676 primary school teachers in the State and also redo entire reservation process, providing the required percentage of reservation (5 per cent) to persons with disability.

In its appeal, the State said it had issued an order on July 20, 2005 for recruitment to 4,767 posts of primary school teacher.

The selection of candidates would be made as per the Karnataka Education Service (DPI) (Recruitment) Annexure Rules, 2001. This, it said, had been upheld by the Karnataka Administrative Tribunal (KAT) and subsequently by the High Court.

The Government advocate, C.S. Patil, said the recruitment had already been completed and the teachers appointed. He urged the Bench to set aside the single judge order.

The Bench, which concurred with the single judge order, observed that the main intention of the provisions of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act was to aid and come to the rescue of the disabled and to provide them effective, meaningful and urgent remedies for their rehabilitation and support.

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