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2024 Supreme(Online)(CAT) 12704
CENTRAL ADMINISTRATIVE TRIBUNAL
B Anand, Member (A), Rajinder S Dogra, Member (J)
Dr Rajiv Lehra – Appellant
Versus
D/o Animal & Sheep Husbandry Ut Of J&k – Respondent
O.A. No. 1000/2020
For the Appellants/Petitioners: Mr. Abhinav Sharma, Sr. Adv with Ms. Saba Atiq
For the Respondents:Mr. Dewakar Sharma, Deputy Advocate General for Respondent No. 1, Mr. F A Natnoo for Respondents No. 2 & 3, Mr. Anuj Dewan Raina for Private respondent No. 4
Tribunal cannot override Government's identification of suitable disabilities for posts; employer determines eligibility.
Headnote:The Rights of Persons with Disabilities Act, 2016, read with S.O. 127 dated 20.04.2020 and J&K Reservation Rules, 2005, mandates 4% horizontal reservation for persons with benchmark disabilities, bifurcated into 1% each for blindness/low vision, deaf/hard of hearing, loco motor disability, and multiple disabilities. Applicant, a veterinary science graduate with 40% low vision disability, challenged PSC Notification No. 02-PSC(DR-P)/2020 dated 11.09.2020 for 96 Veterinary Assistant Surgeon posts, alleging no reservation for blindness/low vision despite 4% PHC quota, unlike Medical Officer notification. Court found posts identified per Government Order No. 147-SW/2014 only for hearing impairment and one leg, deeming low vision unsuitable due to surgical duties. Issue framed: Whether failure to reserve 1% posts for blindness/low vision violates statutory reservation mandates. Ratio: Government's identification of suitable disabilities under S.21/33 is binding; Tribunal lacks expertise to override employer assessment on post suitability, as affirmed in precedents emphasizing employer prerogative in qualifications. Original Application dismissed; interim order vacated, allowing selection process.
| Table of Content |
|---|
| 1. challenge to psc notification lacking blindness/low vision reservation. (Para 1 , 2 , 3) |
| 2. applicant's disability qualifications and statutory claims. (Para 4 , 5) |
| 3. respondents defend post-specific disability identification. (Para 6 , 7 , 8 , 9 , 10) |
| 4. government order limits vas suitability to hearing/one leg. (Para 11 , 12 , 13 , 14) |
| 5. tribunal defers to employer; oa dismissed. (Para 15 , 16 , 17 , 18 , 19) |
ORDER
(Delivered by Hon’ble Mr. Rajinder S Dogra, Member-J)
1. The present Original Application has been filed by the applicant against the Notification No. 02-PSC (DR-P) of 2020 dated 11.09.2020 issued by the Public Service Commission.
2. The brief facts of the case as stated in the O.A. is that Notification No. 02-PSC (DR-P) of 2020 dated 11.09.2020, issued by respondent no. 2 (JKPSC), inviting application for 75 posts of Veterinary Assistant Surgeons in Animal Husbandry Department and 19 posts of Veterinary Assistant Surgeons in Sheep Husbandry Department and 02 back log posts under SC category, to the extent, out of the total 96 (=75+19+2) posts, not a single post has been reserved for candidates with Blindness or Low vision as mandated by the Disability Act, 2016, read with S.O 127 dated 20.04.2020 issued by the Social Welfare Department, Government of Jammu and Kashmir. Notification No. 02-PSC (DR-P) of 2020 dated 11.09.2020, issued by respondent no. 2 (PSC), inviting application for 75 posts of Veterinary Assistant Surgeons in Animal Husbandry Department and 19 posts of Veterinary Assistant Surgeons in Sheep Husbandry Department and 02 back log posts under SC category, to the extent, while providing 4% horizontal reservation to PHC persons, SO-127 dated 20.04.2020 had been given a go by and not mentioned in the Advertisement Notification dated 11.09.2020. In the year 2014, sanction was accorded to the revision/up-gradation of the list of identified posts (Gazetted and Non-Gazetted) earlier notified vide Govt. Order No. 108- SW of 2013 dated 01.04.2013 and its replacement by another list of identified posts. The erstwhile State of Jammu and Kashmir was bifurcated into two Union Territories, vide SO No. 127 Notification dated 20.04.2020, issued by the Social Welfare Department, of Jammu and Kashmir Government, amendments were made in the J&K Reservation Rules 2005. Existing Rule 4 was amended by providing for 4% reservation for physically challenged persons. Explanation (C) of clause 2 gives the extent to which the 4% Horizontal Reservation shall be bifurcated. After SO No. 127 dated 20.04.2020 was issued, respondent No. 2 (JKPSC) issued Notification No. 01-PSC(DR- P) of 2020 dated 30.07.2020, inviting applications through online mode, in term of the Jammu and Kashmir Probationer (condition of Service, Pay and allowances) and fixation of Tenure Rules, 2020 dated 17.06.2020 from candidates who are domiciled in the Union Territory of J&K possessing the prescribed academic/ professional qualification and age, for appointment to 900 posts of Medical Officers in Health & Family Welfare Department. It was provided in the Advertisement notice that the Tentative date of examination (written test) is 01.11.2020. It is further provided that 4% Horizontal Reservation shall be provided to the physically Handicapped category candidate as per SRO 294 dated 20.04.2005 read with S.O -127 dated 20.04.2020.
3. Being aggrieved, the applicant has filed the present Original Application, seeking the following reliefs:-
i. Allow the instant Original Application;
ii. Quash Notification No. 02-PSC (DR-P) of 2020 dated 11.09.2020, issued by respondent no. 2 (JKPSC), inviting application for 75 posts of Veterinary Assistant Surgeons in Animal Husbandry Department and 19 posts of Veterinary Assistant Surgeons in Sheep Husbandry Department and 02 back log posts under SC category, to the extent, out of the total 96 (=75+19+2) posts, not a single post has been reserved for Candidates with Blind or Low vision disability as mandated by
