UNION OF INDIA Vs. MAHIPAL KUMAR

JUDGEMENT

(1.) The challenge in this writ petition is to the order dated August 20, 2014 passed by the Chief Commissioner for Persons with Disabilities Ministry of Social Justice & Empowerment Department of Disability Affairs whereby the Commissioner has directed the petitioner to give appointment letter to the respondent for the post of Group D in North Western Railway subject to the respondent fulfilling other requisite criteria within 45 days from the date of receipt of the order.

(2.) The facts as noted from the petition are, the Recruitment Cell of North Western Railway issued an employment notice No.2/2010 invited application for filling up 5020 posts in Pay Band-I of Rs.5200-20200 with Grade Pay of Rs.1800/- and made 3% reservation for persons with disability in terms of DoP&T circular dated December 29, 2005. Out of the said vacancies, 150 vacancies were reserved for physically handicapped candidates. On September 24, 2012, during the verification of the documents, it was found that the certificate enclosed by the respondent along with his application does not bear the designation and seal of the Members of the Medical Board, which should indicate the presence of a specialist member in the relevant field. The candidature of the respondent was rejected for want of valid disability certificate. As he was not issued appointment letter despite being selected nor he was told about the reasons for not issuing the appointment letter, he filed a complaint before the Commissioner. It was his case before the Commissioner that he waited for six months, yet no appointment letter was issued. It is also noted that during the pendency of the complaint before the Commissioner, the Commissioner wrote a letter to the Deputy Superintendent, Sadar Hospital, Bihar Sharif, Nalanda from where the respondent had got the disability certificate dated November 30, 2006.

(3.) Mr. A.S. Dateer, learned counsel appearing for the petitioner would submit that the Commissioner had no power to direct the petitioner to issue appointment letter to the respondent. According to him, such a power is not contemplated under the provisions of the Persons Under Disability (Equal Opportunity, Protection of Right and Full Participation) Act, 1995. That apart, he would state, the Commissioner could not have sat as an Appellate Authority over the decision of the petitioner on the authenticity of the disability certificate issued to the respondent. In this regard, he would rely upon the judgment of the Supreme Court in the case of Union of India vs. Sarwan Ram and Anr. Civil Appeal No.9388/2014 decided on October 8, 2014 and State Bank of Patiala and ors. vs. Vinesh Kumar Bhasin, 2010 2 Scale 353 in support of his contention.