DINESH KUMAR S/O SH. KRISHAN DASS vs STATE OF HIMACHAL PRADESH THROUGH ADDITIONAL CHIEF SECRETARY (FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(HP) 665

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
JYOTSNA REWAL DUA, J.
DINESH KUMAR S/O SH. KRISHAN DASS - Appellant
Vs.
STATE OF HIMACHAL PRADESH THROUGH ADDITIONAL CHIEF SECRETARY (FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA - Respondent
CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 1866 of 2020
Decided On : 15-12-2021

Advocates Appeared:
For The Appellant :SHRI MALAY KAUSHAL, ADVOCATE
For The Respondent:SH. VIKRANT CHANDEL, DEPUTY ADVOCATE GENERAL, SMT. BHAWNA DUTTA, ADVOCATE

Headnote:
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Sections 32(a), 2(i) , 2(b) and 2(u) - Right to Information Act - Handicapped persons - Post of Clerk on contract basis on fixed contractual emoluments - Respondent State Civil Supplies Corporation Limited issued an advertisement inviting applications from eligible persons for the post of Clerk to be filled-up on contract basis - Post was meant for visually handicapped persons VI (Low Vision - Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Sections 32(a), 2(i) and 2(b) - respondent No. 2 wrote to Employment Officer (Placement), Directorate of Employment and Training, Shimla to sponsor names of visually impaired candidates for filling-up post of Clerk reserved for visually impaired Reminders in this regard were also sent to Employment Exchange - Employment Exchange eventually forwarded some names to respondent - Respondent No. 2 also published advertisement in the newspaper - inviting applications for filling up the post of Clerk on contract basis on fixed contractual emoluments – Held, Medical expert committee constituted for this purpose held that respondent No.4 was 100% visually handicapped - Nature of disability suffered by him was ‘blindness’ and not ‘low vision’. That the category of disability in medical certificate of respondent No. 4 - Wrongly marked as ‘low vision’ instead of ‘blindness - Respondent No. 4 was also medically examined by State Medical Board thereafter - Criteria formed by Selection Committee for awarding 6 marks to persons suffering from 100% visually impairedness is of no help to respondent No.4 - Post in question was reserved for visually impaired has also been mentioned at top of result sheet prepared by selection committee - show different treatment of instant case by respondent No. 2 also placed on record a list of candidates rejected by respondent for direct recruitment to the post of Junior Office Assistants (IT) to filled up on contract basis - Post therein was statedly reserved for visually impaired - Writ petition allowed.

ORDER :

Respondent No. 4 was selected and appointed by respondent No. 2 as Clerk against the advertised vacancy reserved for visually handicapped visual impaired (Low Vision). The selection and appointment has been assailed by the petitioner in the instant petition on the ground that disability of respondent No. 4 fell in category of ‘blindness’ and he was 100% visually handicapped, whereas the post was reserved for ‘low vision’ visually impaired.

2. Facts

2(i) Respondent No. 2 i.e. H.P. State Civil Supplies Corporation Limited issued an advertisement on 5.12.2014 inviting applications from eligible persons for the post of Clerk to be filled-up on contract basis. The post was meant for visually handicapped persons VI (Low Vision). The eligibility conditions prescribed in the advertisement were as under:

(a) The candidate must be in possession of graduate degree from a recognized university.

(b) The candidate should be bonafide resident of Himachal Pradesh.

(d) The age of the candidate should not be over 45 years as on 1.1.2014.

The advertisement also stipulated that the interested candidates having above qualifications could apply for the post of Clerk alongwith attested copies of educational qualification i.e. Matriculation, +2, B.A. and visually handicapped certificate VI Low Vision (LV).

2(ii) The petitioner was suffering from 40% low vision disability. He satisfied the eligibility criteria stipulated in the advertisement and, therefore, applied for the post in question. Respondent No. 4 Shri Vikas Sidhu also applied for the post in question.

2(iii) On 3.12.2014 respondent No. 2 wrote to the Employment Officer (Placement), Directorate of Employment and Training, Shimla to sponsor the names of visually impaired candidates for filling-up the post of Clerk reserved for visually impaired (LV). Reminders in this regard were also sent to the Employment Exchange. The Employment Exchange eventually forwarded some names to respondent No. 2 on 26.4.2017. Respondent No. 2 also published the advertisement in the newspaper on 3.5.2017 inviting applications for filling up the post of Clerk on contract basis on fixed contractual emoluments. The post as indicated in the earlier advertisement issued in the year 2014 was again shown to be reserved for visually handicapped visual impaired (LV) persons. The advertisement reads as under:

“The Management of H.P. State Civil Supplies Corporation Limited proposed to fill-up one (1) post of Clerk on contract basis on fixed contractual amount @ Rs. 8.760/- per month ( 5910+1900+950 i.e. 50% of the Grade Pay) reserved for visually handicapped persons Visual Impaired (LV). The essential qualification for this post is as under:

1. The candidate must have passed graduation from any recognized University.

2. He/she should be a bonafide resident of Himachal Pradesh.

3. He/she must have been declared visually handicapped by competent authority.

4. The age of applicant should not be more than 45 years as on 01.01.2017

The interested candidates having above qualification may apply for the post of Clerk on a simple application along with attested copies of each educational qualification i.e. Matriculation, +2, BA and visually handicapped certificate Visual Impaired (LV) and the same must reach in the o/o Managing Director, H.P. State Civil Supplies Corporation Limited, Block No. 16-17, SDA Commercial Complex, Kasumpti Shimia-9 on or before 31.05.2017 up to 5:00 PM. The applications received after this date shall be summarily rejected.”

2(iv) The selection process commenced. Interview/screening was conducted by respondent No. 2 on 22.9.2017. Respondent No. 4 with 14.5 marks stood at serial No. 1 and petitioner with 13.36 marks stood at serial No. 2 of the merit list. Respondent No. 4 being at serial No. 1 in the merit list was offered the appointment. He joined his duties and is stated to be continuing to serve in respondent No. 2- Cor

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