RITESH SINHA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner, who is suffering from spastic cerebral palsy, which falls under the category of orthopedically impaired as defined under Section 2(o) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as "the Disability Act"), applied for the post of a Clerk in pursuance to an advertisement dated 23.2.2010, Annexure P-4, issued by the District and Sessions Judge, Karnal (respondent No.3), inviting applications for 71 posts of Clerks, out of which 39 posts were meant for the general category and one of these post was reserved for physically handicapped. Eligibility for the candidates prescribed therein was a degree of Bachelor of Arts or Bachelor of Science or equivalent thereto from a recognized University, passed matriculation examination with Hindi as one of the subjects and having proficiency in operation of computers. Candidates were required to take a written examination in English composition and general knowledge consisting of maximum 50 marks each with qualifying marks as 33%. A candidate, who does not obtain 40% marks in the aggregate of written examination in the above two subjects, would not be considered for appointment, apart from having proficiency in operation of computers. Preference was to be given to candidates having higher qualification, experience and to the retrenched staff. Last date for submission of the application was 10.3.2010.

(2.) Since the petitioner fulfilled the requisite qualifications prescribed, he applied for the post of Clerk under the physically handicapped category, for which one post was reserved. In pursuance to the application submitted by the petitioner, he was called on 25.4.2010, for the written examination of English composition, general knowledge and to test the proficiency in operation of computers vide letter dated 15.4.2010, Annexure P-5. Petitioner was thereafter called for computer practical test and personal interview, which was to be held on 23.5.2010, vide letter dated 15.5.2010, Annexure P-6. After having participated and clearing in the written test of two subjects i.e. English composition and general knowledge and the proficiency test in operation of computers and thereafter clearing the computer practical test and personal interview, the petitioner found his name in the select list of successful candidates at Sr.No.26, having secured 57.5 marks, which was prepared as per Rule 7 (d) of the Haryana Subordinate Courts Establishment (Recruitment and General Conditions of Service) Rules, 1997. Out of the 71 advertised posts, only 63 candidates were selected and as mentioned earlier, the petitioner, as per his merit, was placed at Sr.No.26.

(3.) Petitioner was sent offer of appointment as Clerk on 23.10.2010 vide Annexure P-8. In pursuance thereto, he submitted his joining report on 28.10.2010, Annexure P-9. It would not be out of way to mention here that the petitioner prior to joining service was called upon to submit certificate of fitness on first entry into Government service. The competent authority, vide certificate dated 3.11.2010 (Anexure R-1), declared the petitioner as a case of cerebral palsy (100% handicapped) and fit for office work under the handicapped category. As per the terms of appointment, his appointment was purely on temporary basis and was to be on probation for a period of two years in accordance with the service rules. It was mentioned in the appointment letter of the petitioner that his services were liable to be terminated at any time without assigning any reason or without any prior notice. Petitioner continued to serve the respondents, when an order dated 5.2.2011, Annexure P-11, passed by the District & Sessions Judge, Karnal, respondent No.3 was served on the petitioner, stating therein that his services are no longer required. The result thereof was termination of his services, which forced the petitioner to approach this Court by way of present writ petition, challenging the order of termination dated 5.2.2011, Annexure P-11.