AIRPORTS AUTHORITY OF INDIA Vs. RAJENDRA WANCHOO

JUDGEMENT

(1.) THIS appeal is preferred against the judgment dated 16th May, 2012 passed by the learned Single Judge in the writ petition filed by the respondent No.1. Respondent No.1 is an orthopedically handicapped person and is admittedly covered by the definition of ,,disability defined in Section 2(i) of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Disability Act for short). The Appellant is an authority which is supposed to follow the provisions of the Disability Act and that includes reservation of 3% posts for persons with disabilities.

(2.) IN the year 2004, the Appellant had made appointment to the post of Deputy General Manager (Personnel and Administration) and appointed Respondent No.4. According to Respondent No.1, five posts of DGM (P&A) were vacant in the year 2003 and one of them was to be filled up from amongst the persons with disabilities. Since that was not done, the appointment of Respondent No.4 to this post was challenged as violative of the provisions of the Disability Act. The Respondent No.1 filed aforesaid writ petition seeking writ of quo warranto and quashing the appointment of Respondent No.4. It was also prayed that writ of mandamus be issued to consider the petitioner to the post of DGM (P&A).

(3.) HAVING regard to the aforesaid position in law, we set aside the direction contained in para 40 of the impugned judgment. Since the advertisement vide which vacancies had been published is dated 1 st April, 2012 and last date for submission of the applications for this post must have been over few months ago, we impress upon the appellant to constitute the Selection Board / Interview Committee and also fix the date of interviews as early as possible and finalize the selection process preferably within three months from today. The appeal stands disposed of in the aforesaid terms.