ANIL KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed against the order of the Writ Court made in SWP No. 1967/2012 dated 30.06.2014 wherein the appellant prayed to quash the selection and appointment of respondents 3 to 5 who were selected as Firemen by respondent No. 2 and for directions, directing the respondents 1 and 2 to select and appoint the appellant for the said post under general category reserved for handicapped persons in terms of the advertisement notice.

(2.) The case put forward by the appellant before the Writ Court was that an advertisement was issued on 04.11.2011 by respondent No. 2 for filling up six vacancies of Fireman. The notified vacancies are Scheduled Caste 2, OBC 1, General Category 3. Applications were received from the candidates all over India which were scrutinized by the Board of Officers convened by Headquarters 19th Infantry Division. After scrutiny of applications, call letters were issued to the candidates whose applications were accepted for physical test, written test and interview w.e.f. 8th Aug. 2012 to 11th Aug., 2012. The appellant applied as a physically challenged person (deaf). The contention of the appellant was that as per para 2(b) of the advertisement notice, the vacancies reserved for ESM and P -HP (HH) will have to be adjusted against the respective categories. The appellant was issued a disability certificate by the Chief Medical Officer, Udhampur certifying that he has disability of hearing and speaking to the extent of 100%. His application was made under UR (General) category, therefore, as per para 2(b) of the advertisement notice he had to be considered and adjusted against one post meant for physically handicapped person. According to the appellant, he passed matriculation examination in the year 2007 from Government Lady Noyce Secondary for the Deaf, New Delhi the examination of which was conducted by CBSC New Delhi. Certificates were annexed along with the application form. He was treated as a handicapped person by the District Employment Exchange, Udhampur which also issued identity card to him. According to the appellant after scrutiny of his application form he was treated as a handicapped person and was asked to participate in the process of selection. He was subjected to outdoor test, written examination and viva voce conducted on 8th, 10th and 11th of Aug., 2012. He was declared as successful in all the tests. According to the appellant, in the viva voce test also certain questions were given to him in writing and he answered the same correctly. In the handicapped category 8 persons had applied out of which the appellant alone was declared successful in all the tests. After 11th Aug., 2012 no information was received as to whether the appellant was selected or not, however, he learnt that three persons arrayed as respondent Nos. 3 to 5 were selected in General category as if the post reserved for handicapped category has been merged by the authorities in the general category.

(3.) The appellant represented before the authorities and no answer having been given, he filed the writ petition by contending that post being available under the physically handicapped category, that too the turn being for deaf as blind was already selected and appointed, by not selecting him the official respondents have committed an error in selecting respondent Nos. 3 to 5. The said writ petition was opposed by the official respondents on the ground that appellant being suffering from dual disabilities, namely 100% deaf and 100% dumb, he falls outside the purview of the advertisement issued.