Appointment
of disabled lecturer cleared
New
Delhi: The Central Administrative Tribunal (CAT)
has directed the Delhi Government to appoint a physically
challenged woman as a lecturer, who was rejected for
the job despite having cleared the selection test of
IAS examination.
The order was given amidst raging controversy over physically
challenged candidates being denied entry to IAS and
allied services.
According
to CAT Principal Bench, “The fact which cannot be lost
sight of is that in any case the reserved vacancy could
not go to any other general candidate. The post was
to be filled by a blind candidate and such a candidate
was not available. There is nothing to indicate that
it could not be given to other disabled persons like
the applicant (Priyanka Ray).”
The judgement was given by CAT Chairman Justice V.S Aggarwal
and Member (Administrative) S. K. Naik.
According
to the bench, “Orthopaedically challenged” Ray had eight
years teaching experience in a school and holds a PG
Degree in Political Science. Besides, she has also
done B.Ed and had applied for the post of a lecturer
in Political Science Department in response to an advertisement
on August 7, 1998. Though Ray was declared successful
in the written test, she was not considered in the handicapped
quota. The Delhi Subordinate Staff Selection Board
prepared a merit list of 29 candidates in which instead
of two blind, it included two orthopaedically challenged
persons, since no blind candidate had cleared the examination.
However, the Delhi Government did not select Ray, contending,
“It was not possible to appoint orthopaedically challenged
persons because the posts were meant for visually handicapped.”
However, Ray contended that the advertisement for the post
of the lecturer did not specifically mention “Reserved
for Visually Handicapped.”
Source: The Tribune
Date: 12th March 2004
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