( 1 ) THE claim in these proceedings is for appropriate directions to the respondents to ensure compliance with provisions of the Persons with Disability (Equal opportunities, Protection of Rights and Full participation) Act 1995 (hereafter referred to as the act ). The grievance projected is in respect of a recruitment process for filling up 90 posts of Principal by the first respondent-Government of NCT of Delhi. The govt. of NCT had not earmarked 3% quota in accordance with Section 33 of the Act.

( 2 ) THE petition was heard on 29th April 2005, when a direction was issued to the respondents not to make any appointments to the post of Principal on the basis of the advertisements in question. When the petition was taken up for hearing on 15th July 2005, it was noticed that the respondents had issued a corrigendum between 8-14 January 2005 inviting applications from all categories of disabled persons in respect of 3 posts. The last date for submission of applications was 27th January 2005 which was extended to 3rd February 2005 for candidates living in remote/rural areas.

( 3 ) HAVING regard to the above admitted facts, the interim order of 29th April 2005 was varied and the respondents were permitted to proceed with the recruitment process and make appointments to the post of Principal in respect of the 87 vacancies. The interim order was continued in respect of 3 posts.

( 4 ) LEARNED counsel for the petitioner had, on 15th July 2005, articulated a grievance that the Circular of DOPT, government of India dated 01. 02. 99, enabling relaxation in age for certain categories of persons with disabilities/impairments had been issued and that in its terms persons entitled for consideration under the Act also ought to be given its benefit. The proceedings were accordingly adjourned to enable the Government of NCT to file affidavit and come out with its response.

( 5 ) LEARNED counsel for the respondents has filed an affidavit which states that the circular dated 01. 02. 99 has no application to the facts since it deals with appointments to the post of Grade-A, which is through open competitive examination. It is submitted that post of Principal is a Grade-A post; no open competitive examination is involved in the recruitment processes with which these proceedings are concerned. The relevant extracts of the circular have been annexed. They are reproduced below :-

SUBJECT :- Age concession to the SC/st/obc physically handicapped persons for appointment. The undersigned is directed to refer to Ministry of Home affairs (now Department of Personnel and Administrative reforms) O. M. No. 4/3/68-Estt. (D), dated 15. 4. 1969 on the subject mentioned above and to say that a doubt has arisen as to whether a Scheduled Caste/scheduled Tribe candidate who is physically handicapped would be eligible for a further age relaxation of five years over and above the age relaxation of five years admissible to them as scheduled Castes/scheduled Tribes candidates. Upper age-limit relaxation for appointment to Groups a and b posts - The question whether similar age relaxation should be granted to the physically handicapped persons for appointment to Group a and Group b posts has been considered in consultation with the UPSC and C and AG. It has now been decided to allow age relaxation of 5 years (10 years for SC/st and 8 years for OBC) to blind, deaf- mute and orthopaedically handicapped persons for appointment to Group a and Group b posts/service except where recruitment is made through open competitive examination. Relaxation also for appointment through Open Competitive examinations - The question whether relaxation in the upper age-limit should be granted to physically handicapped persons for appointment to various posts/services under the Central Government filled through Open Competitive Examination has been considered in consultation with the Union Public Service Commission and the Controller and Auditor-General of Indi