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Judgment
Heard Mr.Kakroo.
Ld. Counsel submits that the petitioner is having physical disability which entitles him to be considered for the post under Government order
No:2389GD of 1981 dated 30111981, where under 1% of the posts has been kept reserved for physically handicapped people.
Mr. Kakroo further submits that in pursuance to the notification issued by the State Subordinate Service Recruitment Board, the petitioner
applied for appointment to the post of teacher in District Baramulla and at the relevant time of advertisement notice, the petitioner, as per averments was not having any disability. The disability has been developed by the petitioner subsequently as is evidence by the certificate purposed to have been issued by the Registrar, Opthalmology, SMHS Hospital, Srinagar forming annexure No: Misc2/10427 dated 2981994, wherein it is stated that the person of petitioner, Mohammad Ashraf Sofi S/o Mohammad Ramzan Sofi R/O Mohalla Jadeed Baramulla was seen under OPD
No:833234 on 2231994 and diagnosed as retinal detachment left eye which is permanent disability to the extent of more than 60% . This disability has been found in the person of the petitioner much after the date of filing of application for seeking his consideration under disability reserved category at the relevant time of advertisement notice for recruitment to the post of teacher. So the submissions made by the petitioner are is
misconceived.
The petitioner should have claimed consideration under reserved category of disabled person at the relevant time in response to the
advertisement notice and he should have supported his disability by cogent evidence of medical certificate etc. Whatever was possible and in his possession at the relevant time. Subsequent development of disability will not be considered and when the person has not claimed his consideration under the said category at the relevant time.
For the foregoing reasons, the writ petition is misconceived. So no good ground is made out for admission of the writ petition, which is
accordingly dismissed in limine.
