Writ petition by Union of India challenging C.A.T. order appointing physically challenged father on relaxed standards for a non-combatant post. Bench held order legal and dismissed petition but directed fresh testing.
Writ petition dismissed; respondent directed to undergo physical endurance test once again with relaxation of standards.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010049392020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1980/2020
1. THE UNION OF INDIA AND 2 ORS.
REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF DEFENCE, 101 SOUTH BLOCK, NEW DELHI- 110001
2: THE COMMANDANT 14 FIELD AMMUNITION DEPOT PIN- 909714 C/O 99 APO
3: OFFICER COMMANDING
AOC RECORDS PIN- 900453 C/O- 56 AP
VERSUS
MD. KUDDUS S/O- MD. NASRUL, R/O- OUGHULY BASTI, NEAR GREENLAND ENGLISH SCHOOL, H.NO.34, P.O. UDYAN VIHAR, DIST.- KAMRUP (M), PIN- 781171, ASSAM
Advocate for the Petitioner : ASSTT.S.G.I.
Advocate for the Respondent : MS. D GOSWAMI
- B E F O R E -
HON’BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 15-03-2021 (Sudhanshu Dhulia , CJ)
Heard Mr. R.K.D. Choudhury, learned Assistant Solicitor General of
India, appearing for the writ petitioners. Also heard Mr. A. Ahmed, learned counsel, appearing for the sole respondent.
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The respondent before this has a hearing impairment and, therefore, comes in the category of physically challenged person. In that category, he applied for the post of a Fireman. The recruitment was for a post of non-combatant, which is a civilian post in the Army establishment. Apparently in the selection process, one post of Fireman was reserved for a physically challenged person of hearing impairment category alone. There were a number of tests which a candidate had to qualify in order to be selected to the post of Fireman. The first test was of physical endurance test where a candidate had to run 1.5 Km in six minutes. The private respondent evidently could not complete the said test within the stipulated time and, therefore, held disqualified.
The respondent thereafter approached the Central Administrative Tribunal, Guwahati Bench, Guwahati by filing an original application being O.A. No.36/2015 (Md. Kuddus -Vs- The Union of India & Ors.) and the Central Administrative Tribunal, vide order dated 14.08.2018, relying upon an Office Memorandum, which provided for relaxation of standards in cases where the candidate was not able to perform the tests successfully, had directed as under:-
“21. Accordingly, we direct the respondents to consider the case of the applicant for appointment to the post of Fireman within a period of 3 months from the date of receipt of this order as physically handicapped person by relaxing the standard of Chapter 29 of the Swamy’s Establishment and Administration as quoted above.”
Being aggrieved by the aforesaid order dated 14.08.2018 passed by the Central Administrative Tribunal, the Union of India has approached this
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Court by filing the present writ petition.
Mr. Ahmed, learned counsel for the respondent has placed before us an Office Memorandum dated 29.12.2005 of the Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training, Government of India. Inter alia this Office Memorandum at Paragraph 22 speaks about relaxation of standard of suitability, which is as under:-
“22. Relaxation of Standard of suitability: If sufficient number of persons with disabilities are not available on the basis of the general standard to fill all the vacancies reserved for them, candidates belonging to this category may be selected on relaxed standard to fill up the remaining vacancies reserved for them provided they are not found unfit for such post or posts. Thus, to the extent the number of vacancies reserved for persons with disabilities cannot be filled on the basis of general standards, candidates belonging to this category may be taken by relaxing the standards to make up the deficiency in the reserved quota subject to the fitness of these candidates for appointment to the post/posts in question.”
In view of the above Office Memorandum, we do not find that there was any illegality in the order dated 14.08.2018 of the Central Administrative Tribunal, which has only directed the employer to follow the Office Memorandum issued by the Government of India. We, therefore, dismiss the writ petition.
We make it very clear that the respondent will be tested once again for the physical endurance test with only relaxation of standards. We are
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not asking the authorities to totally abandon the tests. The respondent has to complete the tests but with relaxed standards as that is what the Office Memorandum also stipulates.
JUDGE
CHIEF JUSTICE
Comparing Assistant
2 issues framed by the court
Whether the Central Administrative Tribunal acted illegally by directing appointment of a physically challenged candidate on a relaxed standard.
Whether the writ petition challenging the Tribunal's order should be allowed or dismissed.
THE UNION OF INDIA AND 2 ORS.
MD. KUDDUS
SUDHANSHU DHULIA
MANASH RANJAN PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
