No interference in concluded merit-based selection process absent proven violation of reservation policy or arbitrariness.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WPC/1630/2018 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.7195/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

In the premises:-

It is therefore most humbly prayed that the writ of mandamus may kindly be issued directing the respondents to give effect to the provisions contained in favour of the handicapped category in term of Jammu and Kashmir Persons with disability equality of opportunity Act 1998with regard to advertisement notification no. 06 of 2015 dated 01.09.2015.

Further the reservation under the handicapped category in terms of advertisement no. 06of 2015 to the extent of 3% as applicable interms of SRO 147 of 2014 be provided and petitioner be considered for selection as well as appointed in the handicapped category for the post of patwari, for the post of village level worker and for the post the forest guard in District Cadre Ramban.

Further instead of carrying forward the post under handicapped category ,the respondent be directed to consider the petitioner there against for selection as well as appointment there to.

Further the petitioner be granted all benefits of appointment at par with selected and appointed candidates interms of the notification no. 06 of 2015.

Further the official respondent be directed to formulate the rule in accordance with the provision of selection 21 and 27 of the act for ensuring the equal opportunity in the matter regulating the employment of handicapped category by providing the uniformity in the appointment of amanuensis at least at par way the policy adopted by the University Grant Commission as well as University of Jammu.

Further state respondent be directed to appoint the amanuensis for the low vision category disable person at least who can actually render the assistance and qualification standard must be one class below the basic eligibility in the interest of justice.”

3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -

a) The present Transfer Application arises out of SWP/WP(C) No. 1630/2018, which stood transferred from the Hon’ble High Court of Jammu & Kashmir and was registered as T.A. No. 7195/2020 before this Tribunal. The applicant, a resident of District Ramban, belongs to the Scheduled Tribe category and is a person suffering from permanent visual disability, assessed at 60%, categorized as bilateral corneal dystrophy. The applicant asserts that his disability has existed since birth and has progressively deteriorated over time, thereby substantially impairing his ability to read printed text and to independently write or mark answers, particularly in objective-type examinations conducted through OMR sheets.

b) The applicant is a graduate in Arts from the University of Jammu and claims to have completed his education only with the aid of helpers/amanuensis provided during examinations, both by the University of Jammu and by the University Grants Commission authorities while appearing in the National Eligibility Test. It is the case of the applicant that the helpers provided to him during academic examinations were of a standard lower than his qualification, in conformity with the prescribed norms, and that such assistance enabled him to compete on an equal footing with other candidates.

c) Pursuant to Advertisement Notification No. 06 of 2015 dated 01.09.2015 issued by the Jammu and Kashmir Services Selection Board, applications were invited for various posts includi