Central Administrative Tribunal - Kolkata
Sambit Kumar Ganguly vs Staff Selection Commission on 7 October, 2021
/ Oo an 1 O.A. No.350/009 18/2021. CENTRAL ADMINISTRATIVE TRIBUNAL _ KOLKATA BENCH KOLKATA O.A. No.350/009 18/2021. Date of order : This the 7" Day of October, 2021. OF Hon'ble Mrs.Bidisha Banerjee, Judicial Member Hon' ble Dr (Ms) Nandita Chatterjee, Administrative Member Sambit Kumar Ganguly, Son of Surajit Kumar Ganguly, Residing at behind CPWD office, Post Office GIP Colony, Police Station Jagachha; District Howrah, Pin- 711112. . vipeesenes Applicant -Versus- 1. Union of India, Service through the Secretary, Ministry of Personnel, Public Grievance _& Pension, Department of Personnel & Training, Government of'India, 3'¢ Floor, Lok Nayak, Bhawan, Khan Market, New Delhi 110003. 2. The Secretary, Department of Personnel & Training, Government of India, 3°¢ Floor, Lok Nayak Bhawan, . Khan Market, New Delhi - 110003. 3. The Director, Staff Selection Commission, (ER), Eastern Regional Office, Nizam Palace, Ist MSO Building, 8th Floor, 234/4 AJC Bose Road, _ Kolkata-700020. 4, The Director General of Income Tax, (HRD, New Delhi) 2"¢ Floor, -- * Jawaharlal Nehru Stadium Gate No.1, New Delhi-] 10003. vooeeeRespondents Advocate for the applican: | : Mr B. Ghosh Advocate for the respondents Ms P. Goswami 2 - . O.A. No.350/009 18/2021. ORDER (ORAL)
-MS BIDISHA BANERJEE, MEMBER(J) "~ Counsels were heard.
2. This OA has been preferred to seek the following reliefs :
. af. Anorder do issue directing the respondent authorities and each of them and their men, agents and assigns fo show cause as to why the final result published being annexure 'G' hereinbefore stated and the notice being F.No.11/1/2018-C-1/2 12 published on or about November 28, 2020 being Annexure *'H' hereinbefore stated shall not be stayed and/or kept in abeyance - and/or not be given effect or further effect for the post of the Stanographer Grade D against Staff Selection Commission Grade D . Stenographer 'recruitment notification October 22,. 2018 in the Department of Personnel and Training and Central Board of Direct Taxes till modification and/or vacation of the same' upon inclusion of the qualified, candidates of unreserved others within the said category therein.
b) An order do issue commanding. the respondent authorities and each of them, their men, agents and assigns fo forthwith to show cause as fo why at least 3 posts, as described herein before in Department of Personnel & Training and Ceniral Board of Direct Taxes shall not be reserved and filled up 'by the . qualified candidates of unreserved others within the said category.
c} An order do issue prohibiting and/or restraining the ' " respondent authorities and each one of them, their men, agents"
and assigns from giving any effect or further effect to the final result published being annexure '3' hereinbefore stated and the notice being F.No.11/1/2018-C-1/2 12 published: on or about November 28, 2020 being Annexure 'H' hereinbefore stated hereof for ihe post of the Stanographer Grade D against Staff Selection Commission. Grade D Stenographer recruitment notification October 22, 2018 in the Department 'of Personnel and Training and Central Board of Direct Taxes hereof pending disposal of this application.
d} An order directing the respondents fo transmit and certify all records relating to this case before this Hon'ble Tribunal so that conscionable justice may be rendered to the applicant.
-e) An order be passed directing the respondenis to pay entire costs and incidentals of this application of the applicant
3. The applicant is a person with disability namely, Autism spectrum disorder. He responded to © notification dated 22.10.2018 issued by the Staff seléction Commission and appeared in an open competitive computer based examination for recruitment of Stenographer Grade 'Cr (Group. 8 non-gazetted) and stenographer Grade 'D' (Group 'C') for various Ministries/Departments/Organisation in Government of India. In (| 3 - --.O,K, No.350/00918/2021. the said notice it was inter alia stated that "As fhe Rights of Persons with 'disabilities Act, 2016 has come into force with effect from 19.04.2017 and _ new categories of disabilifies such as Autism, Dwarfism, Acid Attack victims, Muscular Dystrophy, intellectual Disability; Specific Learning Disability, Mental lliness and Multiple Disabilities. efc. have been included. Therefore, the candidates with such disabilities may also apply 'giving details of their disabilities in the online Application Form. However, their * selection will be subject to identification of posts suitable for these categories. as well as reporting of vacancies by the 'indenting Departments. Candidates suffering from various. disabilities ds identified vide DoP&T OM No.36035/02/2017-EsH (Res) dated 15.01.2018 (para 2.2) may select following PwD categories in the online Registration/Application Form at https:/ /ssc.nic.in.
S.No | Type of Disability mo, -| Category of disability to be a selected in Registration Application form
(a), | Blindness and low vision . VH
(b) Deaf and hard of hearing HH | (c) | Locomotor disability 'including cerebral palsy, | OH leprosy cured, dwarfism , acid attack victims. and muscular dystrophy (d}- | Autism; intellectual disability, specific learning | Others disability and mental illness.
'(e) | Multiple disabilities from amongst persons under clauses (a) to (d) including deaf-
blindness.
The notice further stipulated the following :
"Provided that a candidate belonging to categories {b], {c}, (d) and (e) above shall be a person in whose favour a certificate of eligibility has . been issued by the-Government of India.4 O.A, No.350/009 18/2021.
5. Process of certification and format of certificates:
(a} Candidates who wish to be considered against vacancies reserved or seek age-relaxation must submit requisite certificate from the competent authority, in the prescribed format, whenever such certificates are sought by concerned Regional/Sub Regional Offices at the time of Document Verification. Otherwise, their claim for SC/ST/OBC/PwD/ESM Status will not be entertained and their candidature/applications will be considered under Unreserved category. The formats of the certificates are annexed . with the Notice of this Examination. The certificate of disability issued under the persons with Disabilities {Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 {1 of 1996) will also be valid. Certificates in any other format will not be accepted.
{b} in case of other category of persons with benchmark disabilities, the provision of scribe will be provided on production of a certificate fo the effect that the person concerned has physical limitation to write and scribe is essential fo write examination on his/her behalf, from the Chief 'Medical Officer/Civil surgeon/Medical superintendent of a Government health care institution as per proforma at Annexure-X1.
15. MODE OF SELECTION :
(i. SC, ST, OBC, ESM and PwD candidates who qualifies on the basis of relaxed standards viz age limit, experience or qualifications, permitted number of chances, extended zone of consideration, etc., irrespective of his/her merit position, is to be counted against reserved vacancies and nof against un-reserved vacancies. Such candidates may 'also be recommended at the relaxed standards. to the extent of number of vacancies reserved for them, to make up for the deficiency in the resrved .
quota, irrespective of merit rank in the order of merit, In so far as cases of 5 O.A, No.350/009 18/2021. ex-servicemen are concerned, deduction of the military service rendered "from the age of exservicemen is permissible against the reserved or unreserved posts and such exemption will not. be termed as relaxed standards in regard to age. Similarly for PwD candidates, relaxation of 10 , ~. years in upper age limit.will not be termed as relaxed standards.
(i) A person with disabillty who is selected on his/her own merit can be appointed against an unreserved vacancy provided the post is identified suitable for Persons with Disability of relevant category.
"22. IMPORTANT INSTRUCTIONS TO CANDIDATES | [fa) [BEFORE APPLYING CANDIDATES ARE ADVISED TO GO THROUGH THE INSTRUCTIONS GIVEN IN THE NOTICE OF EXAMINATION VERY CAREFULLY {c) | The Commission will not undertake detailed scrutiny of applications for the'). eligibility and other aspects af the time of written examination and, therefore, candidature will be accepted only provisionally. The candidates are advised to go through the requirements of educational qualification, age, physical and medical-standards etc. and satisfy themselves that they are eligible for the post(s). Copies of supporting documents will be sought at the time of Document Verification. When scrutiny is undertaken, if any
-claim made in the application is not found substantiated, the candidature | will be cancelled and the C ommission's decision shail be final. {c) | Candidates seeking reservation benefits available for SC/ST/OBC/PwD/ESM must ensure that they are entitled fo such reservation as per eligibility prescribed in tne Notice. They should also be in possession of the certificates in the prescribed format in support of their claim.
(d) | Candidates with physical disability of 40% and more only would be considered as Persons with Disabilities (PwD) and entitled to reservation for Persons with Disabilities.
The applicant has alleged that the Department of Personnel and Training 'and the Central Board of Direct Taxes as per the provisions of the Rights of Persons with Disabilities Act, 2016 with effect from April 19, 2017 and/or DoP&T OM No.36035/02/2017 Estt (Res) dated January 15, 2018, should "have reserved 2 (two) posts and 1 {one} post respectively as per the provisions of law, which they failed and/or neglected and/or refused to do without obtaining exemption as per the provisions of law.
4. That the applicant suomitted representation and demand notice pointing out non availability of vacancy in the said category of
6. . O.A. No.350/00918/2021.
Unreserved Othet, which mandatorily got to be 1% of the total vacancy, ~ requesting therein for doing justice. No satisfactory reply has been _ received fill date. Hence this application.
5. At hearing Ld. Counsel for the applicant submitted that his representation, i considered and disposed of would give adequate justice. . |
6. As no adverse order is under challenge, without entering into the merits of the matter, the 'respondents are directed to consider the representation of the applicant in the light of recruitment notification dated 22.10.2018 and in accordance with law, and thereafter, to convey their decision in the form of a reasoned and speaking order. The entire exercise shall be completed within a period of 6 weeks froin the date of receipt of a copy of this order.
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7. The respondent No. 3 shall specifically state whether! any vacancy was earmarked for PwD and reason why the applicant was not selected. .
8. If nothing stands in the way appropriate relief would be granted to the applicant keeping in view that violation of the provisions of the Rights of PWD Act, 2016 envisages penal provisions.
9. O.A accordingly stands disposed of. No costs. (DR NANDITA CHATTERJEE) (BIDISHA BANERJEE) MEMBER (A) MEMBER (J) "Pg