UNION OF INDIA Vs. SANJAY KUMAR JAIN

JUDGEMENT

(1.) Leave granted.

(2.) The Union of India calls in question legality of the judgment rendered by a Division Bench of the Delhi High Court dismissing the Writ Petition filed by it while affirming the decision rendered by Central Administrative Tribunal, Principal Bench, New Delhi (in short CAT).

(3.) Factual position in a nutshell is as follows : The respondent while working in Ground-C post of the Railways applied for promotion to Group B post. He qualified in the written test and was directed to undergo medical examination as per para 531(b) of the Indian Railway Establishment Manual (in short the Establishment Manual). In terms of the Railway Boards Circular dated 31-10-1991 passing of the medical test is a requirement before the candidate is called for viva voce test. The respondent was found to be medically unfit as he was visually handicapped. His case is one of external squint with advanced petririties pigments on both the eyes. This is a disease which affects the eye-sight progressively. He was considered unfit as he may become visually handicapped in future. The respondent was therefore, not called for viva voce test. He filed O.A. No. 439/2001 before the CAT challenging the order dated 20-9-2000 whereby it was indicated that he was not be called for viva voce test as he had been declared medically unfit. The CAT after hearing the parties came to hold that while considering the case of the respondent (applicant before it ) the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Partipation) Act, 1995 (in short the Act) were not kept in view. CAT took note of the fact that a new paragraph 189A was introduced in the Establishment Manual which clearly laid down that there shall not be discrimination in the matter of promotion merely on the ground of physical disability. The application was accordingly allowed by the CAT.