Dismissed

Nemichand Kumawat v. Union of India and Ors.

Rajasthan HC17 May 2018CW/10719/2018

Case brief

AI extract

What is this about?

Petitioner with 40% low vision disability filed writ seeking directions to include Junior Engineer (Electrical) post for persons with low vision. Court dismissed application holding that 2013 notification did not identify Junior Engineer (Electrical) as suitable for low vision disabilities, so respondents could not accept claim.

What did the court decide?

Writ application failed and was dismissed because the post was not notified as suitable for low vision disabilities.

Nemichand Kumawat Vs Union of India and Ors. — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 10719/2018

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Nemichand Kumawat S/o Shri Kalu Ram Kumawat, Aged About 25 Years, Resident Of Bag Ki Dhani, Near Sati Mata Mandir, Kishangarh- Renwal, District Jaipur (Rajasthan).

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----Petitioner

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Versus

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Union Of India Through Secretary, Ministry Of Personnel, Public Grievances And Pension Department Of Personnel And Training, Government Of India, New Delhi.

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The Secretary, Public Health And Engineering Department, Secretariat, Jaipur (Raj.).

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The Commissioner And Principal Secretary, Social Justice And Empowerment Department, G-3/1 Ambedkar Bhawan, Rajmahal Residency Area, Near Civil Lines Phatak, Jaipur (Raj.)

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The Secretary, Rajasthan Public Service Commission, Ajmer.

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----Respondents

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For Petitioner(s) : Mr. H.R. Kumawat For Respondent(s) :

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HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

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Order

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17/05/2018

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Aggrieved of not notifying the post of Junior Engineer (Electrical), as suitable job for persons with Low Vision; the petitioner has instituted the present writ application praying for the following relief(s);

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“1. To issue writ, order or direction to respondents to include the post of Assistant Engineer (Electrical) in the list of identified posts for the persons suffering from low vision; and

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(2 of 3)

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[CW-10719/2018]

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The respondents be further directed to issue a corrigendum notification regarding the reservation of low vision disabled persons suffering from more than 40% disability for the post of Assistant Engineer (Electrical) by providing equal opportunity ensured under the provisions of The Persons with Disabilities (Equal Opportunities, Protection Of Right And Full Participation) Act, 1995 as well as Rules of 2011; and

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The respondents be directed to accept the application form of petitioner for the post of Assistant Engineer (Electrical) with all the consequential benefits; and

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Any other order or relief which the Hon’ble Court may deems fit and proper in the facts and circumstances of the case be passed in favour of the petitioners, cost of the petition may be quantified in favour of the petitioners.”

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The only argument that has been advanced by the learned counsel for the petitioner is, that the appropriate Government is obliged to review the list of posts identified suitable for appointment of differently abled persons. Further, this exercise is to be under-taken at periodical interval not exceeding three years, as contemplated under Section 32 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Act, 1995 (for short, the ‘Act of 1995’).

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According to the learned counsel, the petitioner, who suffered 40% disability of low vision, has acquired the required qualification for appointment to post of Junior Engineer (Electrical). However, the post has not been identified in the category of posts suitable for the disabled with Low Vision (LV), in the Notification issued by the Government of India in the year 2013. Further, a period of about five years has elapsed since the Notification of 2013, but no review has been carried out as ordained by Section 32 of the Act of 1995, which has resulted into discrimination and the petitioner is being deprived of consideration

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(3 of 3)

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[CW-10719/2018]

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for his candidature for appointment to the post of Junior Engineer (Electrical).

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Heard and considered.

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Indisputably, the category of disabled suitable for job as contemplated under the Notification dated 29^th July, 2013, permits only persons with disabilities of One Lag (OL) and Hearing Impairment (HH). For there is no provision for the post of Junior Engineer (Electrical), and the same not identified as a suitable job for the category of disabled persons with low vision; the action of the respondents in not entertaining the claim of the petitioner in response to advertisement dated 5^th April, 2018, while inviting applications for appointment to the post of Junior Engineer (Electrical); cannot be faulted.

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Accordingly, the writ application fails and is hereby dismissed.

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(VEERENDR SINGH SIRADHANA),J

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Pcg/161

Nemichand Kumawat v. Union of India and Ors.

Case brief

What is this about?

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Nemichand Kumawat v. Union of India and Ors.

Case brief

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What did the court decide?

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