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,
[Vested with powers of Civil Court under the
Rights of
Persons with Disabilities Act, 2016]
Case No. 789/1011/2019/03/2584-2585 Dated:06.06.2019
In the matter of:
Sh. Girdhari Lal,
President,
Delhi
Swasthya Kusht Majdoor Sansthaan,
Village
of Hope, Phase-1,
149,
Leprosy Complex, Tahirpur,,
Shahdara,
Delhi-110085. …… Petitioner
Versus
The
Director,
Directorate
of Education,
Old
Secretariat,
Delhi-110054.
.......Respondent
Date of hearing: 28.05.2019
Present: Sh. Girdhari Lal, Sh. Vijay
Kumar, Sh. Dilshad Ahmed and Sh. Bhupender on behalf of complainant.
ORDER
The
above named complainant, a leprosy cured person vide his complaint dated
05.03.2019 submitted that Leprosy cured persons have been given 1% reservation
under PWD Act, 1995 and 4% reservation under RPwD Act, 2016 in recruitment to
Group ‘C’ and Group ‘D’ posts but they have not been given any assistance.
2. The complaint was taken up with the Dte.
of Education under the Rights of Persons with Disabilities Act, 2016,
hereinafter referred to as the Act vide show cause cum hearing notice dated
13.03.2019 with the direction to submit para-wise/point-wise comments on the
complaint and a hearing was scheduled on
04.04.2019 which was postponed to 28.05.2019.
3. This case was tagged with Suo-motu case
No.5/1593/2017-Wel/CD/part file which relates to reservation of vacancies for
persons with disabilities in Dte. of Education for hearing. The representatives of Dte. of Education who
appeared in the Suo-motu case submitted that another branch of Dte. of
Education may be dealing with it.
However, appointment to Group ’C’ posts including MTS (erstwhile Group D
posts) in Dte. of Education is made through Services Department.
4. The complainants submitted a copy of Dte.
of Education (Estt.-I Branch) letter No.DE.1(26)/90/E.I/24872 dated 21.08.2019
vide which they had been informed that
on notification of vacancies to Employment Exchange for filling up the
vacancies in Group ‘D’ posts, Employment Exchange would be requested to include
the names of Leprosy Cured Persons registered with them. In the present scenario, the letter is not
relevant as Dte. of Education does not make recruitment to such posts.
5. It is noted that as per Section 34 of
RPwD Act, 2016, 4% of the vacancies are to be reserved for persons with
disabilities of which 1% vacancies are to be reserved for persons with
locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid
attack victims and muscular dystrophy.
Eligible leprosy cured persons would have to apply in response to
advertisements for filling up the reserved vacancies in the posts identified
for them.
6. This court has already taken up with the
concerned Departments of GNCT of Delhi for computing the backlog of reserved
vacancies for persons with disabilities and conducting special recruitment
drive to fill up backlog, if any. As and
when such vacancies are advertised for filling up, the eligible Leprosy Cured
Persons can also apply and in case there is any discrimination against them,
they can bring the same to the notice of this court. If the complainant wants to request the Govt.
of NCT of Delhi for any special treatment for appointment against some posts,
they may write to the Pr. Secretary/Secretary of the concerned Department. As this complainant is not against non-implementation
of any provision of the Act or discrimination on the ground of disability, the
complaint is closed.
7. Given under my hand and seal of the Court this 4th
day of June, 2019.
(T.D.
Dhariyal)
State Commissioner for Persons with Disabilities
