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7. According to the Tribunal, the said stipulation being an essential requirement for the post of SSA, the same could not have been relaxed. That apart, it is also stated that certain vacancies were also reserved for physically challenged candidates as per Government of India norms and as a result of the written test followed by the same specified skill test a total of 18 orthopedically handicapped candidates had finally qualified in the skill test with key depressions of 5000 per hour and above. According to them, 18 PwD orthopedic candidates have been selected for the post. That apart, 10 candidates had also qualified in Data Entry Skill Test and hence were kept in panel.

15. He has also drawn our attention to the fact that the Government of India notification dated December 29, 2005, provides if sufficient number of persons, with disabilities are not found on the basis of general standard to fill all the vacancies reserved for them, candidate belonging to the category may be selected through relaxed standards to fill up the remaining vacancies reserved for them, provided they are not found unfit for the said posts. It is surprising to note that out of 18 vacancies for physical handicap, 10 candidates had qualified for Data Entry Skill Test and due to non-joining of candidates, only four candidates from the panel were offered appointment.

27. He states that the petitioner, who appeared for the Data Entry Skill Test from Mumbai Centre, wherein he had tried to give the copy of his certificate for grant of exemption from Data Entry Skill Test to the Test Personnel there, however, the same was not accepted, and the petitioner appeared for the Data Entry Skill Test. As admitted by the petitioner, he had achieved a speed of only 1935 KDPH as calculated by the software based on the performance in 10 minutes. The result has been declared on the following vacancies in Maharashtra:

Signature Not Verified Digitally Signed By:ASHEESH
KUMAR YADAV                   W.P.(C) 9255/2019                                                      Page 13


                               Vacancy        Gen - 221   SC-181   ST-10   OBC-615   Total       Exm-62    PH-18

Merit Listed Gen - 221 SC-181 ST-10 OBC-173 Total-615 Exam-62 PH-18

28. That against the 18 vacancies for PH, 18 candidates who were persons with disability had been selected as can be seen from the result published. In addition to the 18 candidates merit listed in the result against the 18 vacancies notified, 10 candidates were also qualified in the Data Entry Skill Test and hence were kept in panel. Due to non-joining of candidates, merit listed or candidates found to be ineligible for the post against PH category, 4 candidates from the waitlist panel were issued offer of appointment. All these candidates had appeared for both the written test as well for the Data Entry Skill Test and had achieved the minimum speed of 5000 KDPH.