The principle of reasonable accommodation requires that individuals with disabilities receive necessary support to ensure their equal participation in employment processes, regardless of procedural lapses.

JUDGMENT :

C. HARI SHANKAR, J.

CM APPL. 10456/2025

1. Exemption allowed, subject to all just exceptions.

2. The application is disposed of.

W.P. (C) 2238/2025 & CM APPL. 10455/2025 (Stay)

Facts

3. The respondent, who is admittedly a candidate suffering from 63% Orthopaedic disability, as per Certificate dated 24 January 2014 issued by the Maharishi Valmiki Hospital, Govt. of N.C.T. of Delhi, under the Persons with Disabilities Act, underwent a process of selection for recruitment to the post DASS Grade IV. The said certificate reads thus:

"MAHARISHI VALMIKI HOSPITAL

GOVT. OF N.C.T. OF DELHI

POOTH KHURD, DELHI-110039

CERTIFICATE NO. MUH/DC/2012/623

DATE 24/1/14

CERTIFICATE FOR THE PERSON WITH DISABILITIES This is to certify that Shri. SUMIT Age 18 Years Sex M Son of Shri Balram Residence of 316, VILLAGE AUCHANDI DELHI – 39 Registration No. MUH/PH/383 in case of Manifest deformity of (L) distal humerus & proximal migration of (L) radius He/She is physically disabled and has 63% Sixty Three (percent) permanent physical impairment in relation to his (L) Elbow Joint.

Note:-

1. This condition is progressive/none progressive/likely to improve.

2. Re-assessment is not recommended/ is recommended after a period of _______ months/years.

(Strike out which is not applicable)"

4. The selection required the candidate to undertake a typewriting test, which was conducted on 3 January 2018. An admit card was issued to the respondent, to enable him to appear in the typewriting test. The typewriting test was, however, only qualifying in nature, and followed the written examination, the comparative merit in which constituted the basis of selection.

5. As per the averments made by the respondent in OA 3188/2018 filed by him before the Central Administrative Tribunal ["the Tribunal" hereinafter], from whose order this petition emanates, the petitioner was facing difficulty in typing in view of the orthopaedic disability suffered by him, which was in the elbow of his left arm. The OA averred that, owing to the pain that he was experiencing, the petitioners had requested the examiner to exempt him from having to undergo the typewriting test. However, it is not in dispute that the respondent did not produce, at the time, his disability certificate. Perhaps for this reason, the respondent was not granted exemption from undertaking typewriting test which he accordingly undertook.

6. A list of the candidates who had qualified the skill test was released by the petitioners vide Notice No. 665 dated 24 May 2018. It appears that 16 other candidates suffering from disability had been exempted from appearing in the typewriting test and figured in the list of the candidates in the said notice. They were, therefore, provisionally allowed to upload their e-dossiers subject to finalization of their claims and qualifications in the typewriting test.

7. Mr. Naushad Ahmed Khan, appearing for the DSSSB, does not dispute that, on the basis of his disability certificate, the respondent would have been entitled to exemption from undertaking the typewriting test. This, however, he emphasizes, was subject to the respondent producing the disability certificate before the examiner, at the time of undertaking the typewriting test, or prior thereto.

8. As the respondent‘s name did not figure in the notice dated 24 May 2018, he addressed representations to the petitioners on 4 June 2018 and 11 July 2018, seeking exemption from appearing in the typewriting test and, therefore, seeking that he also be shortlisted along with the other 16 physically disabled candidates figuring in the