LALIT KALA AKADEMI Vs. ANSHUL KUMAR

JUDGEMENT

(1.) By the instant petition, the petitioner assails the order dated 29.11.2018 passed by the Court of Chief Commissioner for Persons with Disabilities (Divyangjan), whereby, respondent No.1 has been directed to be appointed against the post of MTS.

(2.) Concisely, the facts giving rise to the writ petition are that there was one post of MTS with the petitioner under PwD category in Group 'C' PB-I for hearing impaired persons. For the selection to such post, the petitioner held a written examination besides skill test and drew a merit position. The merit position so drawn was, as under :

(3.) There is no dispute to the fact that the respondent stood at serial No.1 in such merit list. The appointment to such post however came to be offered to the person at serial No.2 i.e. Ms. K.B. Vidya Subramanian. Ld. counsel for the petitioner contends that the petitioner was within its right to offer such post to the person appearing at serial No.2 as a Selection Committee formed thereafter, found the person at serial No.2 to be best suited for the subject post from amongst the merit list. Decision so taken on the basis of recommendations of the committee, came to be set aside by the Court of Chief Commissioner for Persons with Disabilities (Divyangjan) vide the impugned order with the observations, as follows :