K SRINIVASA RAO, Vs. CHAIRMAN AND APPELLATE CENTRAL TIBETAN SCHOOLS ADMINISTRATION

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 28.10.2013 passed in O.A.NO.315/2012 by the Central Administrative Tribunal, Bangalore Bench, Bangalore, dismissing the application filed by the petitioner confirming the order of his removal from service passed by the second respondent herein.

(2.) THE petitioner is a graduate in B.Sc. He is a Orthopaedically handicapped person and his three fingers viz. fourth, middle and ring fingers of his right hand have been amputated and on account of the same normal functioning of his fingers have been severely affected. He has secured a physically handicapped certificate dated 20.5.2000 issued by the Civil Surgeon, Area Hospital, Narasaraopet of Andhrapradesh stating that he has the disability to an extent of 25% to 75%. The said certificate was issued after he got subjected for through medical examination.

(3.) THE second respondent -Institution published a notification dated 4.12.2009 inviting applications for selection and appointment to fill up the post of 'Laboratory Assistant" (reserved for Orthopaedically handicapped). The said notification was duly published in the advertisement dated 19.5.2000. The said notification did not mention that the percentage of disability for reserved quota should be minimum of 40%. The applicant in response to the same applied to the said post and indicated in the relevant coloumn that he has disability to the extent of 25% to 75%. He also produced disability certificate issued in his favour dated 20.5.2000.