AJIT KUMAR Vs. UPSC

JUDGEMENT

(1.) WE have heard learned counsel for the parties.

(2.) THE limited grievance agitated before the Court by the petitioner is as to his entitlement to be considered for selection and appointment to one of the Central Civil Services in terms of the Civil Services Examination 2006 (hereafter referred to as "CSE -2006"). The petitioner is an orthopaedically handicapped candidate suffering from disability, more particularly cerebral palsy, and is classifiable as "Locomotor Disability". In terms of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereafter referred to as "the Act"), especially Sections 32 and 33, 3% of all vacancies in all the Central Government services and posts under the Union and other covered establishments are to be earmarked to be filled by persons with disabilities. The Act, Rules and other instructions framed, mandate that such 3% has to be further subdivided into 1% each for three defined categories, i.e. Visually Impaired (VI), Hearing Impaired (HI) and those with Locomotor Disability (LD).

(3.) LEARNED counsel for the UPSC urged that the petitioner has approached this Court after considerable delay and pointed out that on an earlier occasion, the CAT had followed the judgment in N. Shravan Kumar (supra) which reasoned that the claim was time -barred. Learned counsel urged that the petitioner was appointed pursuant to CSE -2009 and allotted the Indian Defence Accounts Service (IDAS). Secured with the knowledge that he is included as a regularly appointed candidate in one of the Civil Services, he is now choosing to approach the Court, which is clearly a time -barred grievance.