'Exercise Discretion With Humane Consideration': MP High Court Directs State To Consider Request Of Visually Impaired Teacher For Preferable Posting

The case of the Petitioner was that she was a resident of Waraseoni, District Balaghat and was 100 percent visually impaired. She was recently appointed as a Middle School Teacher of a Government School at Sarouli, District Jabalpur. The said school being 300 kms away from her hometown, she made two representations to the concerned authorities, requesting for a posting near her hometown, but the same were kept pending. Therefore, she filed the writ petition seeking direction of the Court to the Respondents to consider her case sympathetically and give her a posting based on her three preferences.

Considering the facts of the case, the Court requested the State Government to decide the representations of the Petitioner within 30 days. The Court further requested the Government to approach the matter sympathetically.

It also advised them to exercise their discretion of giving the post to the Petitioner with due humane consideration for perpetuation of Welfare State. The Court concluded-

"However, while parting with this case, this Court would also request the said respondents to consider the fact that the petitioner is someone with a disability of the most debilitating kind which impairs the power of locomotion itself despite all other organs of the body being normal. They are also requested to bear in mind that the purpose of a just administration is to ensure the establishment and perpetuation of a welfare State. They are also requested to take into consideration that towards that end they may sympathetically consider posting the petitioner in one of the three places of her choice.

The exercise of discretion are undoubtedly vested with the executive but that exercise of discretion when done with due humane consideration, is what would establish a Welfare State in Madhya Pradesh."

Case Title: BHARTI MESHRAM v. STATE OF MADHYA PRADESH

Citation: 2022 LiveLaw (MP) 58

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