- (1.) The Appellant is an orthopedically challenged person. He has acquired a Bachelor's Degree in Electrical Engineering in the year 2010. A recruitment notification was issued by the West Bengal State Electricity Distribution Company Limited (hereinafter referred to as "WBSEDCL") in February 2013 for filling up the post of Assistant Engineer. The Appellant applied for recruitment in the reserved category for physically handicapped persons. He appeared in the written test scheduled on 16th June 2013. Having completed the written test successfully, he was invited for an interview for the post. He qualified at the interview and was placed in the list of qualified candidates published by WBSEDCL on 14th December, 2013. The Appellant received the call letter and was directed to appear for the medical fitness test. However, no final list of successful candidates was published after the medical examination was held.
(2.) As the Appellant had no information regarding his appointment, he sent several representations and letters to the WBSEDCL and to the Commissioner for Persons with Disabilities, Government of West Bengal. The Appellant received no response from these authorities. He therefore submitted an application under Right to Information Act, 2005 on 18th July, 2014, seeking information about his appointment. The Appellant received information indicating that there was a backlog of 11 vacancies in 12 vacancies advertised in the physically handicapped category when the WBSEDCL had advertised for 167 posts of Assistant Engineer (Electrical). The 11 posts in the backlog were to be distributed as follows: visually impaired - 3, hearing impaired - 4 and orthopedically handicapped - 4, were carried forward from the previous year 2012. The information also disclosed that the number of candidates finally selected was - visually impaired category 1, hearing impaired category 2 and orthopedically handicapped 4, pursuant to the employment notice issued in February 2013. The appellant was supplied a copy of the order passed by the Commissioner for Persons with Disabilities, Government of West Bengal, on a complaint submitted by another candidate who had applied for the post of Assistant Engineer (Electrical) pursuant to the same advertisement issued in February, 2013 by the WBSEDCL.
(3.) The order issued by the Commissioner for Persons with Disabilities, Government of West Bengal, discloses that the panel was not prepared in terms of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as "the Disabilities Act"). The WBSEDCL was directed to prepare a panel to ensure 1 per cent reservation for each of three categories of persons with disabilities mentioned in Section 33 of the Disabilities Act, and the notification issued by the Labour Department, Government of West Bengal on 1st March, 2011. The WBSEDCL was also directed to follow Section 36 of the Disabilities Act and to submit a compliance report to the Commissioner.;