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OA No.425/2021

Central Administrative Tribunal

Principal Bench, New Delhi

OA No.425/2021

MA No.528/2021

This the 24^th day of February, 2021

(Through Video Conferencing)

Hon’ble Mr. Justice L. Narasimha Reddy, Chairman

Hon’ble Mr. Mohd. Jamshed, Member (A)

Dilip Kumar, Age 51

S/o Shri Kamla Kant Safi

R/o Khasra No.22, Mother Home

GTK Road, Libaspur, Delhi-110042.

…Applicant

(By Advocate: Mr. Dinesh S. Badiar)

VERSUS

1. The Govt. of NCT of Delhi

Through the Additional Chief Secretary

Delhi Secretariat, IP Estate

New Delhi-110002.

2. The Secretary

Department of Social Welfare, Govt. of NCT of

Delhi

GNLS Complex, Delhi Gate

New Delhi-110002.

3. Director (Social Welfare)

Govt. of NCT of Delhi

GLNS Complex, Delhi Gate

New Delhi-110002.

4. Shri Ranjan Mukherjee

Presently appointed Commissioner

(Persons with Disabilities)

Office at 25-D, Mata Sundri Road

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OA No.425/2021

Near Guru Nanak Eye Center

New Delhi-110002.

...Respondents

(By Advocate: Ms. Esha Mazumdar)

ORDER (Oral)

Justice L. Narasimha Reddy:

The Department of Social Welfare, Govt. of NCT

of Delhi, issued an advertisement dated 15.10.2019,

inviting applications for the post of Commissioner

(Persons with Disabilities), as per the provisions of the

Section 79 (1) of the Rights of Persons with Disabilities

Act, 2016. Later on, the last date of submission of

applications was extended till 20.11.2019, through a

Corrigendum. The applicant, 4^th respondent and

several others applied. The 4^th respondent is said to

have been selected and appointed to the post of

Commissioner (Persons with Disabilities) through

notification 22.01.2021. This OA is filed challenging

the appointment of the 4^th respondent.

2. The applicant contends that the 4^th respondent

did not hold the requisite educational qualifications

and experience and despite that he was selected. He

further

contends

that

he

possesses

superior

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OA No.425/2021

qualifications and ought to have been appointed and

selected.

3. We heard Shri Dinesh S. Badiar, learned counsel

for the applicant and Ms. Esha Mazumdar, learned

counsel for the respondents.

4. The Delhi Administration intended to appoint the

Commissioner (Persons with Disabilities) as part of the

statutory obligation. Having regard to the importance

of the post, not only the educational qualifications, but

also the experience of 20 years in Central/State

Governments in Group ‘A’ service is stipulated. The

applicant

has

made

available,

the

comparative

statement prepared by the respondents, as regards the

qualifications held by various candidates The name of

the 4^th respondent figured at Sl. No.9. His

qualifications are mentioned as under :-

Sl.

No.

Name

of

Applicant

Date

of

Birth

Educa

tional

Qualif

icatio

n

Experience

Receipt

Dairy

and

Date

RCI

9. Sh.

Ranjan

Mukherjee

31.01.1961 MBA,

B.Sc.

1.As

Air

commodore

(1984-2018)

in Ministry

of Defence,

GOI

As Addl. DG

2905 dated

04.11.

19

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OA No.425/2021

(2014-17) in

Prasar

Bharati

2. As

Advisor

in

Ministry

of

Agriculture

(2018-2019)

In contrast, the qualifications held by the applicant are

as under :-

Sl.N

o.

Name

of

Applicant

Date

of

Birth

Educa

tional

Qualif

icatio

n

Experience

Receipt

Dairy

and

Date

RCI

26. Sh.

Dilip

Kumar (2

applicatio

ns

received)

10.12.1969 L.L.B,

B.M.R

1.Placement

trainee

in

Blessing

(April 2000-

July2000)

2. Master

Trainer

Programme

in NIMH (20

Aug

2007-

24 Aug

2007) 3. Principal

in

Mother

Home

(2000-

5138 dated

14.11.

19 &

5259 dated

20.11.

19 A0

51

63

5. A perusal of the qualifications of the 4^th

respondent on the one hand and those of the applicant

on the other hand, discloses that the applicant did not

hold any post in the Central Government or State

Government or PSU, much less in Group ‘A’ service.

In contrast, the 4^th respondent held higher posts in the

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OA No.425/2021

hier