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-110002
[Vested with powers of
Civil Court under the
Rights of Persons with
Disabilities Act, 2016]
Case No.
802/1011/2019/03/2203-2204 Dated:
09.05.2019
In the matter of:
Suo-Motu
Versus
Dean
Maulana Azad Medical
College
GNCT of Delhi
2-Bahadur Shah Zafar Marg
New Delhi-110002 ...............Respondent
Date of Hearing: 08.05.2019
ORDER
All Pr. Secretaries/ Spl.
Secretaries/ Additional Secretaries/ HoDs, Govt. of NCT of Delhi were requested vide
letter No. 5/1593/2017-Wel/CD/155-316 dated 05.05.2017 to provide information
relating to appointment of persons with disabilities against reserved vacancies
in a prescribed format in respect of their Departments and all the
establishments such as Offices/Organisations/ Institutions etc. under their
control by 31.05.2017.
2. As
per the Department of Personnel & Training OM No. 30612/39/2014-Estt (Res.)
dated 22-25th May, 2015 and directions of Supreme Court of India, a special recruitment drive for
filling up backlog of reserved vacancies was to be conducted.
3. In
Column 6 of the format enclosed with letter dated 01.06.2017 of the respondent,
no vacancies were filled in Group ‘A’, Group ‘B’ and Group ‘C’ but in Column 7,
appointment of persons with disabilities was indicated. It was also observed that against 80 vacancies
filled in Group ‘D’ posts, only one person with disability was appointed and
the backlog was not indicated.
4. The
respondent was advised to clarify the position alongwith relevant documents in
a hearing scheduled on 15.04.2019. Vide
letter dated 13.04.2019, the respondent clarified that recruitment to Group ‘A’
posts comprising Doctors/Faculty is done by Ministry of Health & Family
Welfare and lone post of Deputy Director is filled by the Services
Department. Recruitment to the Group ‘B’
and ‘C’ posts is also done by the Services Department. Therefore ‘not applicable’ has been mentioned
in column 6 meant for indicating the number of vacancies filled since 1996 and
hence backlog of reserved vacancies is not applicable.
5. It
was further submitted that the appointment to Group ‘D’ posts has been
discontinued since 2006 after implementation of the recommendation of 6th
Pay Commission. The representatives of
the respondent however did not readily have the information whether the
vacancies of MTS will now be filled up by MAMC or will be communicated to
Services Department for filling up. They
were advised that if the vacancies are to be filled by MAMC, special
recruitment drive should be conducted and if the vacancies are to be intimated
to Services Department, they should be requested to ensure that reservation for
persons with disabilities is provided against those vacancies.
6. Vide
letter dated 30.04.2019, Sh. Brijesh Sharma, Head of Office, MAMC informed that
Services Department has been informed that as the Group ‘D’ posts have been
converted into Group ‘C’ and all appointments to Group ‘C’ posts are done by Services
Department/ Health & Family Welfare Department, while filling up the post
of MTS the directions of this court should be complied with.
7. It
is observed from the information furnished by the respondent as on 31.03.2017
that 80 vacancies in Group ‘D’ posts were filled up. Out of them one person with locomotor
disability was appointed. Thus, there is
a backlog of one vacancy each for persons with blindness and low vision and one
for persons with hearing impairment. In
view of this, the respondent is directed to intimate Services Department to
reserve and fill up the backlog of one vacancy each by appointment of persons
with blindness/ low vision and hearing impairment respectively whenever next
recruitment takes place.
8. Action
taken be intimated to this court within 3 months from the date of receipt of
this order as required under Section 81 of the Rights of Persons with
Disabilities Act.
9. The
complaint is disposed of with the above directions.
10. Given
under my hand and the seal of the Court this 8th day of May,
2019.
(T.D. Dhariyal)
State
Commissioner for Persons with Disabilities
No comments:
Post a Comment