- (1.) Vide the present petition, the petitioners seek direction thereby initiating the contempt proceedings for not complying with the directions as contained in common order/judgment dated 19.08.2014 passed by the Division Bench of this Court in W.P.(C) No.5111/2014, 5146/2014 and 5162/2014 as well as order dated 31.10.2014 passed in CM Appl. No.17593/2014 in W.P. (C) No.5111/2014 whereby further clarified the directions contained in para 13(v) of the said judgment and reiterated the directions to entertain/accept the applications of 100% blind category candidates and allowed them to participate in the recruitment test.
(2.) Initially, the petitioners had filed an OA before the Central Administrative Tribunal, Principal Bench, New Delhi, with a prayer to set aside and quash advertisement No.220-E/open mkt/RRC/2013 dated 30.12.2013 to the extent that it had excluded the 100% blind candidates from consideration for appointment to other posts except a post of Cook and accordingly, sought relief to declare that 100% blinds were eligible for consideration and appointment, if selected, to the posts advertised. The said OA was disposed of vide order dated 13.03.2014 by setting aside the advertisement to the extent it excluded the 100% blinds from consideration for appointment to other posts. Accordingly, the respondents were directed to consider the 100% blinds also for appointment to other posts advertised. Consequently, the learned CAT directed the respondents to issue a corrigendum within fifteen days from the said date and well before the examination commences that 100% blinds and low vision candidates were also eligible to apply.
(3.) The respondents, being aggrieved, challenged the same before the Division Bench of this Court vide W.P.(C) No.5111/2014, 5146/2014 and 5162/2014. The said petitions were disposed of by a common judgment dated 19.08.2014 by directing as under:- 13. In the light of the above discussion, the following directions are hereby issued: i) The Tribunal s order to the extent which directs appointment of the applicants to the categories of Gateman, Lineman and Trackman pursuant to the advertisements in question in the present case is hereby set aside; ii) The Chief Commissioner of Disabilities shall, after taking into account the notification dated 29.07.2013 and consulting the Northern Railways and considering the views of the other interested parties, furnish his report as to the equivalence of the posts which are the subject matter of the present case, and whether they are covered by the notification dated 29.07.2013 in respect of low vision and 100% blind category candidates. This report shall be furnished within eight weeks from today. iii) The Northern Railways shall keep 1% of the entire vacancies notified pursuant to the advertisement dated 30.12.2013 unfilled till the aforesaid process is completed. iv) The process of filling up the 1% reserved posts shall be completed pursuant to the report, after which the results in respect of those category of candidates would be declared and appropriate consequential orders of appointment etc. shall be undertaken. This direction will apply in W.P.(C.) Nos.5146/2014 and 5162/2014. v) So far as the applicants in W.P.(C.) No.5111/2014 are concerned, since the recruitment process of the common test etc. have not yet been undertaken, the petitioner/Northern Railways is hereby directed to accept the applications of 100% blind category candidates and allow them to participate in the recruitment test. Their results, as well as those of the low vision category candidates, shall not be declared in the 1% reserved category under the Disabilities Act, and shall be subject to the final determination by the Chief Commissioner as directed by this Court. vi) In case of candidates of low vision and blind category applying for and participating in any selection process and finding a place in the merit list (i.e. other than under reserved categories under the Disabilities Act or any other kind of reservation), their results will be announced and the appointment process be undertaken in accordance with the prevailing regulations and office memorandum. vii) Subject to the above directions, result of candidates in respect of all other vacancies (except of the categories mentioned above) shall be declared. ;