MEENA KUMARI Vs. GURU JAMBHESHWAR UNIVERSITY, HISSAR

JUDGEMENT

(1.) The petitioner, who is a physically handicapped, has filed this petition for quashing the selection and appointments made by the respondent-University on the posts of Clerks.

(2.) The facts necessary for deciding whether the petitioner is entitled to any relief are that in response to advertisement No. 2 of 1997 issued by the respondent-University for recruitment of 49 Clerks-cum-Typists, one of which was shown as reserved for physically handicapped candidates, the petitioner who was already working as Clerk-cum-Typist in the service of the University on the basis of contractual appointment, submitted her application for being considered against the post reserved for physically handicapped candidates. For the purpose of selection, the respondent-University conducted type test from 1.7.1997 to 15.7.1997. The petitioner appeared in the said test on 5.7.1997, but her name did not figure in the list of 183 candidates, who were declared eligible to be called for viva voce test. The interviews were held on 7.8.1997 and 8.8.1997. The respondents No. 4 to 8 are among the candidates appointed by the University on the basis of the impugned selection. The petitioner has assailed the selection of the private respondents on the following grounds :-

(3.) In its reply, the respondent No. 1 has questioned the locus standi of the petitioner on the ground that she has failed to clear the type test with the minimum speed of 30 W.P.M. On merits, the respondent No. 1 has pleaded that the name of the respondent No. 4 was not included in the list of successful candidates because he was shown to have cleared the type test with speed of 29.76 W.P.M., but on rechecking it was found that he has successfully passed the type test. The name of the respondent No. 5 was omitted due to oversight and, therefore, it was included in the list of candidates who were ultimately called for interview. The allegations of pick and choose and mala fides have been denied. With regard to the respondent No. 7, the respondent-University has pleaded that he is a dwarf of about 3'-6" and as no other candidate of physically handicapped category qualified the type test, the Selection Committee decided to appoint him against the post reserved for candidates of that category.