Case No.1767/1011/2020/02/4867-69 Dated:20-04-22
In the matter of:
A-64, F-3 Ramprastha Colony,
Ghaziabad, UP-201011. …………….Complainant
Versus
Delhi Subordinate Services Selection Board
FC-18, Institutional Area, Karkardooma,
Delhi-110092 ...............Respondent No. 1
The Director,
Directorate of Education
Govt. of NCT Delhi
Old Secretariat
Delhi-110054 ...............Respondent No.2
Date of Hearing: 19.04.2022
Present: Sh. Jai Pal Singh alongwith Sh. S.B. Singh, DA for Complainant.
Sh. Biju Raj E. Dy. Secretary and Sh. Rakesh Kumar Singh, SO on behalf of Respondent No. 1
Sh. Rahul Dev, Legal Assistant, Sh. Rajan, Lumb, ASO on behalf of Respondent No. 2.
ORDER
Sh. Jai Pal Singh filed a complaint dated 31.01.2020 on behalf of his son Sh. Pawan Kumar Singh, a person with 100% hearing impairment under the Rights of Persons with Disabilities Act, 2016 hereinafter referred to as the Act. Vide the complaint, it was submitted that vacancies for the Post of TGT (Drawing) Post Code 90/20 was advertised by DSSSB vide Advertisement No. 04/20, No.F4(361)/P&P/DSSSB/2020/Advt./3100 dated 04.01.2020, but the reservation for hearing handicapped persons was not granted instead reservation for VH(8) and OH(7) were mentioned in the advertisement. Also, in the past the same problem occurred in the advertisement of Guest Drawing Teacher published by Education Deptt. for the Session 2017-18. He approached this Court for the same reason and his son became eligible to apply for above post and was also selected as this Court directed DOE vide Order dated 25.07.2018 to make provision in the online application for Guest Drawing Teachers as per Ministry of Social Justice and Empowerment Notification No. 16-15/2010-DD-III dated 29.07.2013. Thus, he requested to take appropriate action for granting reservation to hearing handicapped persons and for updating the website accordingly so that his son and other hearing impaired persons would be able to apply for the post of drawing teacher.
2. The matter was taken up with respondents vide letter dated 13.02.2020 followed by reminder dated 26.05.2020 for submission of their comments. A reply was received from Directorate of Education, Establishment-IV Branch on 31.08.2020 vide which it was informed that HH(Hard of Hearing) category is not identified for the post of drawing teacher in DOE. As per policy of DOE, the post of Drawing Teacher is not identified and not recruited under the category `(b) Deaf and Hard of Hearing’. However, the reservation of 4% was equally divided between category (a) Blindness and low vision and (c) Locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy considering the fact that these posts belongs to teaching categories in which individual has to interact with students in order to teach visual subject with explanation.
3. The complainant vide his rejoinder dated 12.10.2020 submitted that the persons of hearing handicapped were found identified in KVS,NVS in other states of India as per Ministry of Social Justice and Empowerment’s Notification No. 16-15/2010-DD-III dated 29.07.2013. Thus, hearing handicapped persons are teaching drawing subject not only in all over India but they are also teaching drawing even in the schools under Directorate of Education, GNCT of Delhi against regular posts.
4. Further Directorate of Education vide their letters dated 02.12.2020 addressed to DSSSB informed that DOE has examined the matter in accordance with the notification No. 16-15/2010 DD-III dated 29.07.2013 and list of posts identified for being held by persons with disabilities issued by the Ministry of Social Justice and Empowerment and found that “Categories of disabled are suitable for the job – OA, OL, OAL, BL, HH” as per Sl.No. 85 (Designation –Art Teacher/Instructor) and requested DSSSB to make necessary amendment in advertisement in respect of Post Code 90/20 (Drawing Teacher) as OA, OL,OAL, BL, HH instead of OL,BL,OAL, LV, OA, B and amendment in the Column of “Number of Vacancies:” as PWD(HH-8 and OH-7) instead of PWD (VH-8 and OH-7).
5. The complainant vide his rejoinder dated 30.09.2021 informed that DSSSB has not amended vacancy of drawing teacher despite receiving letter of amendment from User Department i.e. Directorate of Education. The complainant again requested that appropriate action be taken keeping in view of the welfare of deprived candidates of HH category. In view of the above, a hearing was scheduled on 19.04.2022 and all parties submitted their respective facts as under:
(i) Complainant reiterated his written submission and added that persons with HH category should also be given benefit of reservation as per notifications dated 29.07.2013 & 04.01.2021 issued by M/o Social Justice and Empowerment.
(ii) Representative of Respondent No. 1 submitted their written submission dated 18.04.2022 and informed that there was an apparent deviation in the stand of DOE and it also reflected from several communications received from them in respect of Advertisement No. 04/20. As no clear cut break up of PwD vacancies and suitability was furnished by the Dte. of Education, which was needed by DSSSB to proceed further, vide letter No. F.1(512)/P&P/DSSSB/19/5576 dated 26.08.2021, it was requested to provided clear break up of PwD vacancies alongwith suitability of PwD candidates for 228 vacancies for the post of Drawing Teacher (Post Code 90/20), but no reply was furnished by DOE. Thus, DSSSB was left with no option but to conduct the examination for the above post code on 30.11.2021 on the basis of initial advertisement, which in turn was based on the indent submitted by DOE. He then suggested that fresh recruitment is going to be out shortly as Dte. of Education vide letter No. DE/E/I/ Requisition/ Drawing/ 2021/471-475 dated 09.02.2021 has requested to add 223 vacancies with 228 vacancies of Post Code 90-20 wherein HH category is also included, complainant can apply for the same.
(iii) Representatives of Respondent No.2 submitted their written submission dated 18.04.2022 and informed that the clear break up of PwD vacancies alongwith the suitability of PwD candidates for 228 vacancies for the post of Drawing Teacher advertised vide post code 90/20 under advertisement No. 04/2020 as asked by DSSSB vide letter No.1(512)/ P&P/DSSSB/ 19/5576 dated 26.08.2021 had already been provided to the DSSSB vide letter dated F.No. DE.04(5)/127/E-IV/DRG/2019/147 Dated 31.03.2022.
6. After due deliberations and discussion on the case, the court recommended as under:
(i) The Court observed that Respondent No. 2 i.e. Directorate of Education had not taken due care as per existing policy relating to reservation for persons with benchmark disabilities, while forwarding requisitions / amendments to DSSSB in the instant case. The clear breakup of PwD vacancies alongwith suitability of PwD candidates for the post code 90/20 under advertisement No. 04/2020 was sent to DSSSB on 31.03.2022 while the examination for the above post code was already conducted on 31.11.2021. This negligence on the part of DOE delayed the recruitment process in the instant case and thereby caused undue harassment to the complainant as he could not appear in the above examination. In order to avoid such negligence in future, Director, DOE is advised to conduct regular training programmes for its Officers / officials to make them aware of the Rights of the Persons with Disabilities Act and existing RRs relating to persons with disabilities.
(ii) Respondent No. 1 i.e. DSSSB is also advised to take expeditious action and complete the process of conducting fresh examination for the above post code based on the requisition of Directorate of Education dated 09.02.21 so that the complainant and other equivalent persons with disabilities including HH category are not discriminated or deprived of their entitlements.
(iii) Complainant is advised to apply for the fresh recruitment to be conducted shortly by DSSSB for the above post code.
7. The case is disposed of.
8. Given under my hand and the seal of the Court this 19th day of April, 2022.
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