“Having regard to the nature of order we propose to pass, it is not necessary to recapitulate the factual matrix of the case in detail. Suffice it is to state that the petitioner is a handicapped person and he was claiming relaxation in marks while appearing in the test for promotion to the post of Junior Accountant. Since his request was not accepted by the Department, the petitioner approached the Central Administrative Tribunal by filing an O.A., which was allowed by the Tribunal. However, the High Court has set aside the order of the Tribunal. The petitioner filed review petition seeking review of the order passed contending that there should have been reservation of posts for physically handicapped persons as per the provisions of the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. This review petition was dismissed by the High Court observing that in case the provision for reservation is not made, remedy for the petitioner is to approach the Chief Commissioner for Persons with Disabilities under the aforesaid Act. The petitioner has now produced some documents which he has obtained under the provisions of Right to Information Act, which inter alia, disclose that reservation had been provided by the respondent for physically handicapped persons way back in the year 1982.
