CHANDAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Facts as stated in the affidavit filed in support of the Writ petition would disclose that Nuclear Fuel Complex (NFC) published two posts of Upper Division Clerks (UDC) and three posts of Work Assistant-'A'/Hostel Work Assistant-'A' vide advertisement No.NFC/01/2016. This was a Special Recruitment Drive for persons with disabilities. The Selection procedure was based on performance in the examination conducted in two tiers. Tier-I was objective type, wherein for each question, the candidates have to circle the correct answer in the OMR sheet and Tier-II was descriptive in nature. The Petitioner is having 'Locomotor disability'. He has small hands and no thumb fingers which limits hand movements, in turn affecting his hand writing. The Petitioner applied for both posts notified. Having come to know that the duration of time for each (Tier-I & II) examination was 90 minutes and no compensatory time was allowed, petitioner made a request for compensatory time as prescribed in Office Memorandum, dated 26.02.2013 issued by the Department of Disability Affairs, Ministry of Social Justice and Empowerment, Government of India. He offered to write the exam on his own without the help of a scribe.

(2.) Tier-1 examination was held on 28.01.2017 & Tier-II examination was held on 29.01.2017. Petitioner participated in both Tiers of the examination. In Tier-I and Tier-II examinations, compensatory time of 30 minutes was uniformly extended to all candidates irrespective of their disability. The select list was notified on 21.03.2017 for both the posts by taking into account 60% marks in Tier-I and 40% marks in Tier-II examination. Petitioner has not secured relevant merit to be short listed for appointment. Merit list was finalized and empanelled candidates were appointed.

(3.) Petitioner lodged complaint to the Chief Commissioner for Persons with Disabilities through e-mail dated 01.02.2017 pointing out serious irregularities and illegality committed in the procedure of selection violating the guidelines issued by the Ministry of Social Justice and Empowerment in Office Memorandum, dated 26.02.2013. The Chief Commissioner in his decision vide proceedings dated 14.07.2017 declined to accept the complaint of the petitioner. He filed this writ petition challenging the recruitment notification, selections made and seeks direction to re-conduct Tier-I and Tier-II tests.