JAGDISH KUMAR Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-2021-8-41
HIGH COURT OF HIMACHAL PRADESH
Decided on August 11,2021

JAGDISH KUMAR Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents


Referred Judgements :-

P TULSI DAS VS. GOVERNMENT OF ANDHRA PRADESH [REFERRED TO]


JUDGEMENT

Sandeep Sharma,J. - (1.)On 8.2.2017, respondent Himachal Pradesh University issued an advertisement dated 8.2.2017, Annexure A-3 for recruitment to various non-teaching posts in various categories, including two posts of Junior Office Assistant (Information Technology) under the category of general PWD (visually impaired/blind/ low vision). Petitioner being eligible in all respects, applied against one post of Junior Office Assistant (IT) reserved for visually impaired, /blind/low vision. Result of written test conducted pursuant to aforesaid advertisement was declared 19.7.2017, wherein petitioner was declared successful. Respondent University vide communication dated 21.7.2017, Annexure A-4 directed petitioner to appear for type writing test on computer on 30.7.2017, however a day before said typewriting test, petitioner by way of communication dated 29.7.2017, requested respondents to exempt him from typewriting test on account of his being visually impaired/blind/low vision. However, aforesaid prayer of him was not accepted for more than six months and as such, petitioner was again compelled to send representation dated 10.1.2018 to respondentUniversity, praying therein to grant exemption from passing typewriting test. In response to aforesaid communication dated 10.1.2018 Registrar of University, vide annexure A-5 informed the petitioner that request having been made by him for exemption from passing typewriting test is not tenable under rules. Registrar of University informed that percentage of disability of petitioner as per disability certificate is 75% whereas, provision contained under letter No.Per(AP- B)B(19)-31/2007 dated 10.5.2013 issued by Government of Himachal Pradesh, provides that 100% visually impaired persons are required to be imparted necessary basic training including computer training through Composite Regional Centre (CRC), Sundernagar.. Besides above, respondent-University also informed the petitioner that the university has already completed recruitment process for filing posts of Junior Office Assistant (IT) initiated vide advertisement dated 8.2.2017 Annexure A-3.
(2.)Being aggrieved and dissatisfied with letter dated 5.2.2018 (Annexure A-5), whereby prayer made on behalf of petitioner to grant exemption came to he rejected, petitioner approached erstwhile Himachal Pradesh Administrative Tribunal in OA No. 2407 of 2018. Erstwhile Himachal Pradesh Administrative Tribunal vide order dated 4.5.2018, directed respondent-University not to fill up post against which petitioner stands selected till next date of hearing. After abolishment of Himachal Pradesh Administrative Tribunal, Original Application as detailed herein came to be transferred to this Hon'ble Court and was registered as CWPOA No. 4462 of 2020, wherein petitioner has prayed for following reliefs:
"I) That communication dated 5th February 2018 may be quashed and set aside and respondents may be directed to appoint the applicant as Junior Office Assistant from the date of his selection with all consequential benefits, or from any other date this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

(3.)Having heard learned counsel for the parties and perused the material available on record this court finds that there is no dispute inter se parties that petitioner being eligible and qualified applied for the post of Junior Office Assistant (IT) against one post reserved for visually impaired category. It is also not in dispute that petitioner was declared successful in written test, rather was the only qualified candidate in his category, where-after he was supposed to clear typewriting test. It is also not in dispute that a day prior to typewriting test, petitioner by way of written communication, requested respondent-University to exempt him from typewriting test, on account of his being visually impaired.


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