SUNIL RAOSAHEB NARKE Vs. AIR INDIA

JUDGEMENT

(1.) This is an unfortunate case where the petitioner was denied employment by the first respondent-Air India on the ground that he is a physically handicapped person. The Petitioner was denied employment prior to coming into force of the Persons with disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the said Act of 1995).

(2.) The Petitioner has obtained a diploma in mechanical engineering. The Petitioner completed the said diploma course through the Government Polytechnic at aurangabad. The Petitioner passed the examination conducted by the board of Technical Examinations, maharashtra State in August 1991 and secured 56. 28 per cent marks. At the age of one and half years the petitioner was affected by polio. The polio resulted in post-polio paralysis of the left leg of the Petitioner. The disability of Petitioner is assessed at 40 per cent by the All India Institute of Physical Medicine and rehabilitation, Bombay established by Ministry of Health and Family Welfare, Government of India. The Petitioner, on the basis of the said certificate applied for registration with Special Employment Exchange for physically handicapped established by the Government of maharashtra and was registered on 23rd September, 1992 with the said employment exchange. In the meanwhile, the petitioner secured a job of Trainee Quality Control engineer with a private Company at Nasik.

(3.) It appears that Manager, Establishment engineering of the first Respondent-Air India issued a communication dated 16th July, 1993 to the Special employment Exchange for physically handicapped calling for the names of the suitable candidates holding diploma in mechanical/ electrical/ industrial/ electronics engineering for recruitment as trainee technician. Accordingly, the Employment Officer of the Special employment Exchange forwarded names of nine candidates including the Petitioner to the first Respondent. While forwarding the names in the prescribed format, the nature of physical handicap of the candidates was also incorporated by the Employment Officer. Accordingly, petitioner appeared for the written test and interview. The Petitioner was called upon to attend the medical examination. By letter dated 06th January, 1994, the manager, Establishment of the first Respondent informed the Petitioner that after written test and interview, he has been found as a suitable candidate for appointment to the post of the trainee technician subject to the petitioner being found medically fit by the Medical officer. By communication dated 31st January, 1994, the manager- Establishment Engineering of the first respondent informed the Petitioner that the Petition has been declared medically unfit by the Medical Officer and, therefore, he cannot be considered for employment.