Original Application No. 2604 of 2010. Case: Dr. Praveen Kumar Mittal S/o shiv Dayal Mittal Vs Union of India (UOI) through Secretary, Department of Personnel and Training, Ministry of Personnel Public Grievances and Pensions and Secretary, Union Public Service Commission. Central Administrative Tribunal

Case NumberOriginal Application No. 2604 of 2010
JudgesV.K. Bali, J. (Chairman) and Ramesh Chandra Panda, Member (A)
IssueService Law
Judgement DateAugust 12, 2011
CourtCentral Administrative Tribunal

Order:

V.K. Bali, J. (Chairman), (Principal Bench At New Delhi)

  1. Dr. Praveen Kumar Mittal, the applicant herein, a candidate in the physically handicapped category, has been allocated to IRS on the basis of result of the Civil Services Examination, 2009. In this Original Application filed by him under Section 19 of the Administrative Tribunals Act, 1985, he seeks a direction to be issued to the Respondents to declare the IFS Locomotor Disability (Physically Handicap) posts/vacancies in terms of advertisement dated 6.12.2008 of Civil Services Examination for the year 2009 and cancel the vacancy of IFS allotted to the HI candidate. He also seeks a direction to the Respondents to allot two IAS reserved vacancies in lieu of one allotted to the LDCP category and also delete the three vacancies allotted to the HI cadre of IAS seat, and/or proportionately allot the five reserved seats of physically disables persons to the three sub-physically disabled category persons.

  2. The facts of the case as set out in the Application, and on which the relief's as indicated above are sought to rest, reveal that through an advertisement dated 6.12.2008 Civil Services Examination, 2009 was to be conducted in accordance with the rules and regulations for the said examination. The Respondents, as per the advertisement, reserved certain categories for each kind of disables and other persons, i.e., for SC, ST, general etc. The case of the applicant, however, falls under the physically disabled category, wherein there are three sub-categories, and for each of sub-category, particularly some seats were reserved. The following are three sub-categories of physically disabled persons:

    Abbreviated Form

    Full Form

    (i)

    LDCP

    Locomotor Disability or Cerebral Palsy

    (ii)

    B/LV

    Blindness/Low Vision

    (iii)

    HI

    Hearing Impairment

    It is the case of the applicant that the Respondents promulgated in the newspapers for conducting the Civil Services Examination, 2009, wherein it was provided that for the physically disabled category vacancies were reserved, and that a person who may be physically handicapped with disability of more than 40% would be considered for the said quota. It is the case of the applicant that he falls within the category of Locomotor Disability (LD) which is more than 40%. It is pleaded that the Government Hospital at Bharatpur (Rajasthan) assessed the disability of the applicant to the extent of 50%. The applicant filled the form to appear in the examination in consonance with the advertisement and was expecting that the Respondents would act in accordance with law, rules and regulations governing reservation for physically disabled category candidates. In the category of physically disabled candidates, four IAS cadre vacancies were reserved for (i) LDCP, (ii) B/LV and (iii) HI, which were to be equally divided among these three sub-categories of disabled persons. Further, in the IFS cadre only one vacancy was reserved for LDCP category and the other two sub-disability categories were excluded. It is pleaded that the IFS reserved vacancy was exclusively to be allotted to LDCP, i.e., to the applicant's category, whereas, in the final result IFS reserved seat has been allotted to HI. Rule 2(i) of the relevant rules and regulations which have been framed by the Respondents vide office memorandum dated 29.12.2005, provides that each sub-category of physically disabled will have 1% quota of total number of vacancies, i.e., 1% of each LDCP, B/LV and HI. In view of provisions contained in Rule 25, reserved category appointment will be filled up in accordance with the above said office memorandum. The rules have been framed by the Respondents in line with Section 33 of the Persons with Disabilities (Equal Opportunities etc.) Act, 1995. The Respondents conducted the preliminary examination on 17.5.2009. The applicant appeared in the preliminary examination and faired well and was quite hopeful that he would succeed in the examination. The Respondents declared the result and the applicant successfully qualified in the examination and merited in the list at serial number 255 of qualified candidates. The applicant in the category of LDCP merited III in the list. The candidate at serial number one in the above category would be given IAS cadre, as she has topped in the general category of the...

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