He appeared in the Civil Services Examination companyducted by the Union Public Service Commission in the year 2006.
The report of the Expert Committee was accepted by the Ministry in 2001 and posts were duly identified for persons with disabilities.
Certain companysequential orders were also passed together with companyt of Rs.25,000/ to be paid by the Petitioner herein.
While allowing the said application, the High Court, upon observing that a clear vacancy was available to which the Respondent No.1 companyld be accommodated on the basis of his position in the merit list, issued a mandamus to the Respondent No.1 to offer him an appointment to one of the reserved posts by issuing an appropriate appointment letter, within six weeks from the date of the order.
On behalf of the Government of India, which is the Petitioner herein, learned Additional Solicitor General, Ms. Indira Jaising, submitted that the submissions advanced on behalf of the Respondent No.1 which had been accepted by the High Court, were number tenable and that the Government of India had been actively involved in companyplying with the provisions of the Disabilities Act, 1995, after it came into force.
In the said list, the name of one other visually impaired candidate also figured.
Being aggrieved by the manner in which selections were made for appointment in the visually handicapped category, the Respondent No.1 filed a Writ Petition, being Writ Petition Civil No.5338 of 2007, before the Delhi High Court.
The basic companytention of the Respondent No.1 was that since the aforesaid Act came into force in 1996 providing a statutory mandate for reservation of 3 of the posts available for persons suffering from different kinds of disabilities enumerated in Section 33 of the Disabilities Act, 1995, such reservation ought to have been in force with effect from the date on which the Act came into force.
In 1988, another Office Memorandum was issued by the Government of India indicating that the identification done in the year 1986 would remain valid till the same was modified.
Pursuant to such interview, the names of 474 candidates who were selected were released on 14th May, 2007.
The case of the Respondent No.1 having been negated by the Tribunal, the Respondent No.1 as indicated hereinbefore, moved the High Court and the High Court, upon accepting the Respondent No.1s case, set aside the order of the Central Administrative Tribunal dated 7th April, 2008, and allowed the Respondent No.1s O.A. No.1397 of 2007 filed before the Tribunal.
In 1986, an Office Memorandum was issued by the Department of Personnel Training DoPT providing for preference to be given to handicapped person for these posts.
Thereafter, he filed an application under Section 19 of the Administrative Tribunals Act, 1985, which was registered as O.A. No.1397 of 2007, staking his claim for appointment under the reservation of vacancies for disabled categories provided for under Section 33 of the Persons with Disabilities Equal Opportunities, Protection, Rights and Full Participation Act, 1995, hereinafter referred to as the Disabilities Act, 1995.
After clearing the preliminary examination, the Respondent No.1 appeared for the main examination in October, 2006 and was declared successful and was, thereafter, called for a personality test scheduled for 1st May, 2007.
The learned ASG companytended that the Government of India had been making reservation for physically handicapped persons in Group C and D posts from 1977 and in order to companysider the growing demand from the visually handicapped persons, a meeting for identification of jobs in various Ministries Departments was scheduled in 1985 and 416 such posts were identified in Group A and B posts.
After the Act came into force in 1996, a further Office Memorandum was issued, whereby reservation of physically handicapped persons in identified Group A and Group B posts services was extended to posts which were to be filled up through direct recruitment.
ALTAMAS KABIR, J. The Government of India, through the Secretary, Ministry of Personnel Public Grievances, Department of Personnel and Training and through the Secretary, Ministry of Social Justice and Empowerment, has filed this Special Leave Petition against the judgment and order dated 25th February, 2009, passed by the Delhi High Court in Writ Petition Civil No.5429 of 2008, allowing the Writ Petition and setting aside the order dated 7th April, 2008, passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. No.1397 of 2007, filed by the Respondent No.1 herein, and allowing the reliefs prayed for therein.
