Case.No.2084/1013/2021/01/3362-63 Dated:16-03-21
In the matter of:
Ms. Tanu Jain,
4/17 Jai Dev Park East Punjabi Bagh
NewDelhi-110026 .....……Complainant
Versus
The Secretary
Delhi Subordinate Services Selection Board
FC-18, Institutional Area, Karkardooma
Delhi-110092 ..........Respondent
Ms. Tanu Jain, a person with 50% locomotor disability vide her complaint dated 15.01.2021 submitted that she had applied for Post Code 02/17 (DASS, Grade-IV) in PH-OH category. She had qualified Tier 1st exam and when she appeared for Tier 2nd exam (typing/skill test) on 26.12.2020 she was given exemption by exam Incharge from appearing in skill test after checking her permanent Physically Disability (50%) Certificate No. 2467/11 dated 29th June, 2011. In addition, she had also given an application requesting exemption from appearing in Typing Test to DSSSB. However, she was shown as disqualified in spite of fairing well in merit list on the ground that a particular Disability Certificate was not submitted. Infact, the last candidate with disability scored 101.66 marks and her score was 109.28 marks. On enquiry from DSSSB about her disqualification, she was told to submit another certificate in a new format and when she submitted the same on 22.12.2020 (in original), DSSSB has not considered her case. There is hardly any difference between the two.
2. The complaint was taken up with the respondent vide SCN-Cum-Hearing Notice dated 03.03.2021 and a hearing was scheduled on 15.03.2021.
3. During the hearing, complainant appeared alongwith her family members and reiterarated her written submissions. Sh. V.P. Jha, Dy. Secretary, CC-II appeared on behalf of respondent and submitted a copy of their reply dated 12.03.2021. Copy of the same was also given to the complainant.
4. Sh. V.P. Jha, Dy. Secretary, CC-II stated that for seeking exemption from skill / typing test, candidate was required to give a certificate from Medical Board attached to Special Employment Exchanges for the Persons with Disabilities (or by a Civil Surgeon where there is no such Board) stating that she is unable to type at Skill Test Centre on the date of skill test i.e. 26.12.2019, but she did not submit the same at that time. Therefore, her request for seeking exemption was rejected by the Board vide Order No. 1041 dated 08.09.2020.
4. After deliberations and discussions with the respondent and complainant, the following are recommended:
(i) DSSSB should take cognizance of the fact that the complainant Ms. Tanu Jain qualified in the merit with 109.28 marks than the candidate with 101.66 marks, who has been selected and treated qualified while she has been left out. The reason, submitted by the DSSSB is about a certificate to the effect of her disability. While the complainant did submit her disability certificate (50% and above), there were slight difference in the format otherwise there is hardly any difference. However, the same was later submitted by the complainant. Further, prior to the examination, the exam Incharge at the centre had taken cognizance of her disability certificate and her physical disability and duly exempted her from appearing in the typing /skill test. Besides, application to the effect requesting exemption from appearing in skill / typing test being a permanent person with disability (above 50%) was submitted by the complainant.
(ii) This court is of the view that the case of the complainant be looked sympathetically and with due regard to her qualifying in the merit. Thus, it is recommended that the candidate should be helped by DSSSB in this regard as most important aspect for a person with disability (that to a girl) is economic independence, which go a long way to grant a meaningful and positive life for the concerned person with disability.
5. Accordingly the case is disposed off.
6. Given under my hand and the seal of the Court this 16th day of March, 2021.
