Document Fragment View

Matching Fragments

I am enclosing the medical certificate in support of my claim against the disable quota. I hope your good-self will consider my request sympathetically and will oblige me."

The petitioner enclosed a certificate dated 26.07.2002 from the Office of the Medical Superintendent, Safdarjung Hospital to the following effect:-

" CERTIFICATE Certified that Shri Ravi Kumar Arora, 28 years Male, Eye O.P.D.No.12839/02, has High Myopia Both Eyes. His vision is 6/60 both Eyes. He has visually handicapped of 40% (FORTY PERCENT)."

14.While on the one hand, the request of the petitioner for being treated as a handicapped person was rejected in respect of the Examination held in 2001, the request made by the petitioner vide letter dated 31.07.2002 for the Mains Examination to be held in 2002 was rejected by the letter dated 17.09.2002 on the ground that the concession admissible to blind candidates was not admissible to persons suffering from Myopia. The contents of the said letter are as under :-

"Subject: Civil Service (Main) Examination ,2002 Sir, With reference to your application for above captioned examination and your letter dated 31.07.2002 requesting the Commission to treat you as a visually handicapped candidate, I am to say that the medical Certificate submitted by you in support of your claim is not in the prescribed proforma. Your attention is also invited to Note (4) under Appendix - I, Section-II (B) of the Rules of this examination, a coy of which was supplied to you along with the Detailed Application Form, which reads:
NOTE (4): The concession admissible to blind candidate shall not be admissible to those suffering from Myopia".

In the light of above you may like to reconsider your request and thereafter submit fresh visually handicapped certificate in the proper prescribed proforma. (Copy of format enclosed)."

15.The petitioner submitted a fresh visually handicapped certificate in the prescribed proforma duly certified by the Doctor from Safdarjung Hospital under the cover of the letter dated 25.09.2002. But this request was also rejected vide letter dated 04.10.2002 in the following terms :-

35.In so far as application of the widely accepted principles to the present facts of the case are concerned, the petitioner has stated on affidavit that out of 417 posts for the Examination of 2001 about 405 posts are filled up and further 3 candidates wrote the Examination again for the year 2002 and switched over to a different service in the year 2002. As noted above, no candidate with any visual disability was appointed as even post had not been identified.

36.In so far as the Examination for the year 2002 is concerned, the petitioner was permitted to appear in the category of visually challenged persons. The petitioner was unsuccessful because there was no post reserved in the said category. Learned counsels sought to explain away the letter of the respondents dated 04.10.2002, which stated that the concession admissible to a blind candidate is not admissible to the petitioner, who is suffering from Myopia and, thus, the petitioner cannot be treated as a visually handicapped candidate. The explanation given was that this was in reference to the requirement of providing a scribe. This explanation cannot be accepted. The petitioner in his letter dated 31.07.2002 had clearly stated therein " I do not need the help of scribe for my Mains Examination". The communication dated 17.09.2002 of the respondent was in response to the said letter of 31.07.2002 stating that the concession admissible to a blind candidate was not admissible to those suffering from Myopia and requesting the petitioner to apply in a particular format. The petitioner vide letter dated 25.09.2002 sent the relevant format in response whereto the communication dated 04.10.2002 was addressed to the petitioner. Thus, the respondents clearly took the stand that the petitioner having Myopia could not be treated in the reserved category.