OA No. 060/00561/2016. Case: Viplove Yadav Vs 1. Union Public Service Commission through its Chairman 2. Department of Personnel and Training through its Secretary 3. Union of India through its Secretary. Central Administrative Tribunal
| Case Number | OA No. 060/00561/2016 |
| Counsel | For Appellant: Sh. Ashok Tyagi, Adv. and For Respondents: Sh. B.B. Sharma and Sh. Ram Lal Gupta, Advs. |
| Judges | Mr.Sanjeev Kaushik, Member(J) and Mrs.Rajwant Sandhu,Member(A) |
| Issue | Administrative Tribunals Act, 1985 - Section 19 |
| Judgement Date | December 21, 2016 |
| Court | Central Administrative Tribunal |
Order:
Mrs. Rajwant Sandhu, Member(A), (Chandigarh Bench)
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The present OA has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief(s):-
(i) Set aside the notification dated 27.04.2016 (Annexure P-1) qua the vacancies regarding the candidates who are physically handicapped with Blindness or Low Vision.
(ii) Direct the respondents to amend the notification dated 27.04.2016 (Annexure P-1) qua the vacancies for persons with disability of Blindness or Low Vision as per Section 33 of The Disability Act.
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It is stated in the OA that the applicant is a physically disabled person with disability of Low Vision and is a Graduate with 78% marks. A true copy of the disability certificate of the applicant dated 05.01.2011 is annexed as Annexure A-2. The date of birth of the applicant is 09.06.1994.
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It is further averred that the respondents invited the applications vide Annexure A-1 for Civil Services (Preliminary Examination 2016) for recruitment to the services and posts mentioned in the advertisement on 27.04.2016 to be held on 07.08.2016 showing the number of vacancies to be filled on the result of examination expected to be approximately 1079 which include 34 vacancies reserved for physically handicapped category i.e. 14 vacancies for LDCP (Locomotors Disability or Cerebral Palsy), 7 vacancies for B/LV (Blind or Low Vision) and 13 vacancies for H.I. (Hearing Impairment). The applicant being eligible for this examination, applied for the same in the physically disabled category (Annexure A-4).
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In the grounds for relief, it has, interalia, been stated as follows:-
(i) The respondents have committed breach of the statutory provisions of Section 33 of the Disability Act. Total number of vacancies to be filled on the result of the examination has been shown to be approximately 1079 including 34 vacancies reserved for physically handicapped categories i.e. 14 vacancies for LDCP (Locomotor Disability or Cerebral Palsy), 7 vacancies for B/LV (Blindness or Low Vision) and 13 vacancies for H.I. (Hearing Impairment). The number of vacancies reserved for the persons with disability ought to have been notified at least as 11 in each category i.e. 1% of the total. The number of total vacancies for the physically handicapped category has been given as 34 which is correct but it should be one percent for each category suffering from:-
(a) Blindness or Low Vision
(b) Hearing Impaired and
(c) Locomotor Disability or Cerebral Palsy.
The respondents have mentioned only 7 vacancies for Blindness or Low Vision category to which the applicant belongs. This ought to have been at least 11.
(ii) The Honble Apex Court in its judgement in Union of India and another Vs. National Federation of the Blind and Ors., 2013 (10) SCC 772 has held that Section 33 establishes vividly, the...
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