Thursday, January 11, 2018

Hemlata Arya Vs. DSSSB | Case No. 4/1340/2016-Wel/CD/3790-91 | Dated: 10.01.2018




In the Court of State Commissioner for Persons with Disabilities
National Capital Territory of Delhi
25- D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
Phone-011-23216002-04, Telefax: 011-23216005, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]

Case No. 4/1340/2016-Wel/CD/3790-91                                       Dated: 10.01.2018

In the matter of:
Ms. Hemlata Arya
Hemlata723@gmail.com                                                      ....................Petitioner
Versus

The Chairman
Delhi Subordinate Services Selection Board
GNCT of Delhi
FC-18, Institutional Area
Karkardooma, New Delhi -110092                                        ..................Respondent

ORDER

            The above named complainant vide her email dated 22.06.2016 submitted that she cleared DSSSB exam of teacher (Social Science) is a SC Candidate.  Before 3 months she underwent total Hip Replacement Surgery of Right side and left side was also to be operated in August, 2016.  Due to this she has problem in her legs.  She wanted to know whether she would be treated as a person with Locomotor Disability or not and should she need a disability certificate after her second operation and whether she would continue to be SC Candidate or will her candidature be cancelled due to the Hip Joint Transplant.  The said email was received from Office of Chief Commissioner for Persons with Disabilities vide email dated 22.06.2016. 

2.         The matter was taken up with DSSSB vide communication dated 05.09.2016.  DSSSB vide letter dated 16.12.2016 informed that the complainant had applied under SC Category and her nomination has also been considered under SC category.  The Board cannot make any changes in respect of her category, his educational qualifications; date of birth etc. and that eligibility of candidate in all respects including caste status is to be decided on the crucial date corresponding to their advertisement i.e. 20.03.2013.  The letter dated 16.12.2016 of DSSSB was forwarded to the complainant for comments if any vide letter dated 24.01.2017, as no comments have been received from the complainant and moreover, she is not a person of disability. 

3.         The complaint is disposed off accordingly.

4.         Given under my hand and the seal of the Court this 09th day of January, 2017.



(T.D. DHARIYAL)
Commissioner for Persons with Disabilities


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