W.P.(C.) No.5948/2019

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 21.10.2019

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Judgment delivered on: 08.05.2020

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W.P. (C) 5948/2019

BHAVYA NAIN

..... Petitioner

Through:

Mr. Arvind K. Nigam and Mr. Mohit

Mathur,

Senior

Advocates

with

Mr.Kawal Nain, Mr. Rohit Dadwal,

Mr. Mehtaab Singh Sandhu and

Mr.Pratishth Kaushal, Advocates.

versus

HIGH COURT OF DELHI

..... Respondent

Through:

Mr. Viraj R. Datar, Ms. Meenal

Duggal, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

HON'BLE MR. JUSTICE SANJEEV NARULA

J U D G M E N T

VIPIN SANGHI, J.

1.

The petitioner has preferred the present writ petition to assail the notice/

result dated 21.05.2019 published by the Registrar General, Delhi High Court,

whereby the candidature of the petitioner for Delhi Judicial Services-2018 (in

short, ‘DJS 2018’) under the category of Persons with Disabilities (PwD) was

rejected on account of his mental disability not being found to be permanent

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W.P.(C.) No.5948/2019

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in nature. For this, the Disability Certificate issued by the All India Institute

of Medical Sciences, Delhi (in short ‘AIIMS’) has been relied on by the

respondent.

2.

Briefly stated that the facts of the present case are as follows:

3.

The respondent Delhi High Court issued a public notice on 14.11.2018,

later amended vide Corrigendum dated 19.11.2018, inviting online

applications from eligible candidates for filling up 147 vacancies for DJS-

2018. Out of the said 147 vacancies, 6 seats were reserved for PwD. Out of

these 6 seats, 2 seats were reserved for Persons having autism, intellectual

disability, specific learning disability, mental illness and multiple disabilities

as mentioned under clauses (a) to (d) of Section 34(1) of the Rights of Persons

with Disabilities Act, 2016 (RPwD Act), including deaf-blindness. The

aforesaid Corrigendum reads as follows:

hereby notified that the number of vacancies for Delhi Judicial

Service Examination-2018 may now be read as 147 vacancies

instead of 50 vacancies. Accordingly, the category wise

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Amendment 1: Out of aforesaid 147 vacancies, the reservation

for Persons with Disabilities shall be as follows:

PwD

(Autism,

intellectual

disability,

specific

learning

disability and mental illness

and

Multiple

disabilities

mentioned under clauses (a) to

(d) including deaf-blindness)

02

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19.11.2018”

(emphasis supplied)

4.

The Delhi High Court issued Instructions annexed with the Admit Card

for the Delhi Judicial Service Examination-2018, the relevant portion whereof

reads as under:

Training, Government of India, the upper age limit for persons

with disabilities shall be relaxable by 10 years.

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(6) In case of a candidate claiming reservation/relaxation on

account of being Persons with Disability (Blind/Lower

vision)/(Hearing Impaired)/(Locomotor disability), (Autism,

intellectual disability, specific learning disability and mental

illness and Multiple disabilities mentioned under clauses (a) to

(d) including deaf-blindness), certificate issued by a

Government Hospital/Medical Board in support of his/her

claim. ... ... ..." (emphasis supplied)

5.

Accordingly, the petitioner approached the All India Institute of

Medical Sciences (AIIMS), New Delhi where he was examined and the

Disability Certificate for Mental Illness – Bipolar Affective Disorder i.e.

BPAD was issued to him in the prescribed form. The Disability Certificate in

question which was issued on 12.12.2018 is valid for a period of 5 years, i.e.

till 12.12.2023.

6.

The petitioner – a law graduate applied for the DJS 2018 under the PwD

category (Autism, intellectual disability, specific learning disability and

mental illness and Multiple disabilities m