Case No.2220/1011/2021/06/1201-1203 Dated: 11/08/21
In the matter of:
Sh. Mukesh Sharma
(Email:mukesh31881@gmail.com) ………Complainant
Versus
The Chairman,
Delhi Subordinate Services Selection Board,
FC-18, Institutional Area, Karkardooma,
Delhi-110092. ........... Respondent No.1
The Director,
Directorate of Education,
GNCT of Delhi,
Old Secretariat, Delhi-110054. .............Respondent No.2
Date of Hearing: 10.08.2021
Present: Sh. Biju Raj, Dy. Secretary, DSSSB on behalf of Respondent No. 1
Sh. S. Nand Kumar, S.O, DoE on behalf of Respondent No. 2
ORDER
Sh. Mukesh Sharma, a person with 100% hearing impairment filed a complaint vide email dated 29.05.2021 under the Rights of Persons with Disabilities Act 2016, hereinafter referred to as the Act and alleged that DSSSB vide advertisement dated 12.05.2021 advertised the posts of Trained Graduate Teacher (TGT) wherein no reservation was granted to persons with hearing impairment.
2. The case was taken up with the respondents vide show cause notice dated 08.06.2021. Respondent No.1 vide their reply dated 05.07.2021 submitted that Board makes recruitment as per the requisitions received from the indenting departments. The indenting department maintains the reservation roster pertaining to all categories including PwD Category candidates and accordingly send the requisition to DSSSB. It was further submitted that Directorate of Education has also certified that the requirements of RPwD Act, 2016 and policy relating to reservation for persons with the benchmark disabilities have been taken care of while sending requisition. Thus, Respondent No. 2 is responsible for identification and fixation of reserved categories posts and any anomaly that arises with respect to this aspect.
3. A hearing was scheduled on 10.08.2021. Vide submission dated 09.08.2021, Respondent No. 2 submitted that the requisition of 11,139 posts of TGT/TGT (MIL) was sent to DSSSB vide Letter dated 26.06.2020 and additional 926 posts on 14.01.2021 (online) and hard copy on 17.02.2021. The department completed the process of forwarding the requisition to DSSSB by 14.01.2021 (Online), whereas the notification No.38-16/2020- DD-III, issued by Ministry of Social Justice & Empowerment dated 04.01.2021 catered for some additional relaxation for some categories of PwDs. Regarding non-implementation of notification dated 04.01.2021 in the current requisition, it was submitted that the requisition was sent to the DSSSB on 26.06.2020 i.e. well before the issue of said notification. The requisition of additional posts of TGT/TGT(MIL) was sent to DSSSB on 14.01.2021 (Online) & hard copy on 17.02.2021.
4. The case was discussed and deliberated upon with the representatives of DSSSB and Directorate of Education in the absence of the complainant, notwithstanding for whatsoever reasons, he was not present.
5. Plea of the Directorate of Education was that even as per the latest Notification No.38-16/2020- DD-III dated 04.01.2021 issued by Ministry of Social Justice & Empowerment, post of TGT would not be suitable for 100% hearing impaired PwDs. It was further added that there can be some relaxation in this category but it will be very difficult for the person with 100% hearing impairment to communicate with the students in the class. Hence, this category was not included in the advertisement.
6. The court accepts the plea of Directorate of Education and advises the complainant to apply for the post suitable for him.
7. The complaint was disposed of.
8. Given under my hand and the seal of the Court this 11th day of August, 2021.
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