Union Of India vs Mahipal Kumar on 14 October, 2015

1. The challenge in this writ petition is to the order dated August 20,

2014 passed by the Chief Commissioner for Persons with Disabilities

Ministry of Social Justice & Empowerment Department of Disability

Affairs whereby the Commissioner has directed the petitioner to give

appointment letter to the respondent for the post of Group D in North

Western Railway subject to the respondent fulfilling other requisite

criteria within 45 days from the date of receipt of the order.

2. The facts as noted from the petition are, the Recruitment Cell of

North Western Railway issued an employment notice No.2/2010 invited

application for filling up 5020 posts in Pay Band-I of Rs.5200-20200

with Grade Pay of Rs.1800/- and made 3% reservation for persons with

disability in terms of DoP&T circular dated December 29, 2005. Out of

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the said vacancies, 150 vacancies were reserved for physically

handicapped candidates. On September 24, 2012, during the verification

of the documents, it was found that the certificate enclosed by the

respondent along with his application does not bear the designation and

seal of the Members of the Medical Board, which should indicate the

presence of a specialist member in the relevant field. The candidature of

the respondent was rejected for want of valid disability certificate. As he

was not issued appointment letter despite being selected nor he was told

about the reasons for not issuing the appointment letter, he filed a

complaint before the Commissioner. It was his case before the

Commissioner that he waited for six months, yet no appointment letter

was issued. It is also noted that during the pendency of the complaint

before the Commissioner, the Commissioner wrote a letter to the Deputy

Superintendent, Sadar Hospital, Bihar Sharif, Nalanda from where the

respondent had got the disability certificate dated November 30, 2006.

The Deputy Superintendent, Sadar Hospital, Bihar Sharif, Nalanda, vide

his letter dated August 19, 2013 confirmed to the Desk Officer in the

office of the Commissioner that the disability certificate No.1055 dated

November 30, 2006 issued to the respondent, Mr. Mahipal Kumar, on

comparison the said certificate was found to be true. The Commissioner

was of the view that on examination of the medical certificate and other
W.P.(C) No. 1398/2015 Page 2 of 10
related documents, the certificate bears the seal and signature of the Civil

Surgeon, Nalanda who chaired the Medical Board. He also concluded

that the certificate bear the signature of two other members though the

certificate does not bear their respective seals. The Commissioner was

of the view that the rejection of the certificate by the petitioner was on a

frivolous and untenable grounds. According to him, there was no

substantive violation of O.M dated December 29, 2005 of the DoP&T

and minor procedural lapse such as absence of seal of two member

Doctors and absence of explicit indication of the specialist belonging to

the related category of disability could have been correct.

Source: Indian Kanoon