CHANDAN SINGH Vs. PRASAR BHARTI

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks direction thereby directing the respondent No.1 to implement the order dated 22.12.2017 of the Chief Commissioner of Persons with Disabilities and grant appointment to the post of Multi-Tasking (Non-Technical) Staff at par with other candidates.

(2.) The brief facts of the case are that on 26.02.2013, Ministry of Social Justice and Empowerment issued guidelines vide office Memorandum No. 16-110/2003-DD.III for conducting written examination for the persons with disabilities. On 09.12.2016, the respondent vide advertisement no. 1/2017, invited applications for the post in question under a special recruitment drive for persons with disabilities for Doordarshan Kendras and in response to which the petitioner also applied. On 28.02.2017, the petitioner addressed an e-mail to the respondent categorically informing them that he is suffering from cerebral palsy with locomotor impairment and sought compensatory time as his writing speed was affected and that he will not be using a scribe. On 06.03.2017, the respondent responded to e-mail of the petitioner and confirmed that he will get compensatory time as per the advertisement notice no. 1/2017 in the examination to be held, even if he does not use a scribe. On 19.03.2017, the examination was held and in violation to rules/ regulations/ guidelines, thus, the petitioner was not given compensatory time and his answer-sheet was snatched.

(3.) The further case of the petitioner is that on 20.03.2017 and 21.03.2017, the petitioner made a complaint to the Chief Commissioner as well as respondent no.1 via email seeking re-examination with compensatory time. On 31.05.2017, the Chief Commissioner wrote to the respondent no.1 and sought response of the said respondent on the complaint of the petitioner. On 14.08.2017, the said respondent filed reply to the notice issued by Chief Commissioner. On 22.09.2017, the notice of hearing was issued to the parties for hearing under Sec. 77 of the Rights of Persons with Disabilities Act, 2016. The Chief Commissioner heard both the parties on 16.10.2017. On 30.10.2017, the Chief Commissioner asked the respondent no.1 why the petitioner cannot be appointed and granted one week time to respondent no.1 to respond. On 13.11.2017, the said respondent submitted its response to the opportunity granted by Chief Commissioner vide order dated 30.10.2017. The Chief Commissioner passed an order dated 22.12.2017 that the respondent No.1 has violated the guidelines and discriminated against the rights of the petitioner to get compensatory time and ordered the respondent to take immediate action and issue appointment letter to the petitioner for the post in question. However, on 01.02.2018, the respondent no.1 rejected the recommendation of the Chief Commissioner.