NAVDEEP KUMAR KOMAL Vs. MANAGING DIRECTOR, BOKARO STEEL PLANT
LAWS(JHAR)-2008-12-131
HIGH COURT OF JHARKHAND
Decided on December 12,2008

NAVDEEP KUMAR KOMAL Appellant
VERSUS
MANAGING DIRECTOR, BOKARO STEEL PLANT Respondents

JUDGEMENT

- (1.) Petitioner in this writ application has prayed for issuance of a writ of mandamus commanding upon the respondents to provide 3% reservation to physically handicapped persons in the matter of appointment of Plant Attended Trainee in pursuance of the advertisement No. BSL/R/2007-05 and also to command upon the respondents to provide reservation to the petitioner under the category of physically handicapped while declaring the final results for appointment of Plant Attendant Trainee.
(2.) Facts of the case in brief is that an advertisement was issued by the respondent BSL on 8.6.2007 inviting applications for appointment to the post of Plant Attendant Trainee. Altogether, 300 posts of the Plant Attendant Trainee was to be filled up through open advertisement. The advertisement mentioned about the reservation of SC/ST/OBC to the extent of 50% of the total vacancies, though no such reservation was mentioned in respect of the physically handicapped persons. The petitioner, who happens 10 be physically handicapped with locomotor disability, had also submitted his application along with his medical certificate. Admit Card was issued to him for appearing at the written test which was scheduled to be held on 23.9.2007. After having appeared at the written test, the petitioner was expecting that physically handicapped persons would be given reservation since it was a statutory obligation on the part of the respondent authorities. However, on the publication of the results of the written test, the petitioner s name did not figure in the list of the successful candidates. Being aggrieved, the petitioner has filed the present writ application with his prayer, as mentioned above.
(3.) The main contention of the petitioner is that by failing to provide reservation to the physically handicapped persons, the respondents have tried to defeat the mandate of law under the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. It is further argued that the reservation to he physically handicapped persons has been given earlier in other plants of the SAIL including Bhilai Steel Plant. Even under the respondent Company, there are several physically handicapped persons employed as Plant Attendant Trainee.;


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