Friday, June 8, 2018

Pradeep Kumar Vs. DSSSB | ase No. 282/1041/2018/05/7719-18 | Dated: 07.06.2018


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, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016] 

Case No. 282/1041/2018/05/7719-18                   Dated:  07.06.2018

In the matter of:

Sh. Pradeep Kumar
S/o Sh. Zile Singh
R/o 1569 Near Brahman Chopal
Pna Mamur Pur, Narela
Delhi-110040.                                                    ……Applicant

Versus

Delhi Subordinate Service Selection Board
(Got of NCT of Delhi)
(Through its Secretary)
F-18, Institutional Area
Karkardooma,
Delhi-110092.                                                    …Respondent

         
Order

The above named complainant, a person with 90% Locomotor disability (right lower limb and right upper limb) vide his email dated 14.05.2018 addressed to Secretary, DSSSB with a copy to this Court requested to allow him his own scribe and 20 minutes compensatory time per hour of examination to write Tier-II examination for the post of ZRO/Administrative Officer to be held by DSSSB on 03.06.2018. He also filed an OA in the Hon’ble CAT, Principal Bench, New Delhi seeking relief on the same issue.
2.         As the examination was to be held on 03.06.2018 (Sunday), this Court vide letter dated 31.05.2018 informed the respondent that as per para IV and para XI  of OM no. 16-110/2003-DD.III dated 26.02.2013 of Ministry of Social Justice and Empowerment, a candidate making use of scribe, should have the discretion of opting his own scribe and compensatory time of not less than 20 minutes per hour of examination respectively.  In view of a such clear guideline, it was recommended that the complainant be allowed his own scribe and 20 minutes compensatory time per hour of examination to be held on 03.06.2018.  The letter was also emailed to the parties. 
3.         Hon’ble Tribunal, while disposing off the MA no. 2518/2018, directed vide order dated 31.05.2018 that the applicant should approach the Chairman, DSSSB or any concerned functionary of DSSSB in view of the recommendation made by the State Commissioner.  This Court also ascertained from the complainant that he was allowed his own scribe and 20 minutes extra/compensatory time as per the instructions in the examination held on 03.06.2018.  In light of this, the complaint is disposed off.
4.         Given under my hand and the seal of the Court this 07th day of June, 2018.

(T.D. Dhariyal)
           State Commissioner for Persons with Disabilities


Friday, June 1, 2018

Rajiv Goel Vs. The Pr.Secretary, Deptt. of Health & Family Welfare | Case No. 228/1121/2018/05/7572-74 | Dated: 31.05.2018




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, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]

Case No. 228/1121/2018/05/7572-74                                 Dated: 31.05.2018

In the matter of:

Sh. Rajiv Goel,
367, ASB, Paschim Vihar,
New Delhi-110063.                                                       .……… Complainant     

                                                      Versus

The Pr.Secretary,
Deptt. of Health & Family Welfare,
GNCT of Delhi,
9th Level, A-Wing, Delhi Secretariat,
New Delhi-110002.                                                         …...…Respondent

Date of hearing:     30.05.2018
Present                   Sh. Rajiv Goel, Complainant.
Dr. A Madhavi, Dy. Director(Disab.)

ORDER  

The above named complainant vide his email dated 06.05.2018 submitted that his son Master Kshitij Goel, who is 7.5 years old has been diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) and Specific Learning Disability(SLD).  He needs a disability certificate to get the benefit of reservation for admission to University.  He approached IHBAS for disability certificate. However, they refused to issue the disability certificate on the ground that as per the guidelines issued by Department of Empowerment of Persons with Disabilities (DEPwD), Ministry of Social Justice and Empowerment vide notification dated 04.01.2018, IHBAS is not competent to issue certificates for SLD. He further submitted that he has met officials at all levels in IHBAS and he has come to know that Govt. of NCT of Delhi has not authorized any hospital in Delhi for issuance of disability certificate for SLD. The guidelines for issuance of disability certificate for SLD mandate the presence of Pediatrician and Pediatric Neurologist as part of medical authority and IHBAS does not have Pediatrician or Pediatric Neurologist on its rolls and hence is unable to issue the certificates of disability for SLD.  

2.           The complainant requested to direct Govt. of NCT to notify hospitals as per provisions of the DEPwD,  Ministry of Social Justice and Empowerment’s Notification dated 04.01.2018    and  also direct IHBAS to constitute a medical board for the purpose of issuing disability certificate without the presence of a Pediatrician or Pediatric Neurologist. 
  
3.           The complaint was taken up with the respondent under the Rights of Persons with Disabilities, 2016 hereinafter referred to as the Act vide letter dated 08.05.2018 detailing therein the request  of this Court regarding designating certifying authorities for specified disabilities  including specific learning disability  vide letters dated 06.03.2018 and 24.04.2018 and decision in a meeting taken by the State Commissioner on 16.04.2018. As there was no response and the complainant vide his subsequent emails informed that he has not been able to get the disability certificate in respect of his son, a Show-Cause-Cum-Hearing Notice was issued on 24.05.2018. In the said notice, Principal Secretary, Health and Family Welfare Department (H&FW) was directed why the certifying authorities should not be designated in NCT of Delhi for all the specified disabilities in the Act by 29.05.2018. The respondent was also  directed to arrange to assess and issue the certificates of disability to all the eligible applicants; and if the same was not done by 29.05.2018, the respondent was directed to appear on 30.05.2018 at 11.30 AM.

4.           While the complainant and Dr. A. Madhavi, Dy.Director(Disb.), representing Secretary, Social Welfare Department, to whom the copy of the Notice dated 24.05.2018 also emailed appeared, the respondent i.e. the Health & Family Welfare Deptt. (H&FW) neither submitted any status nor did anyone appear to represent Pr. Secretary(H&FW). Apparently,  appropriate action has not been taken by the H&FW Department to ensure assessment and certification of the newly included specified disabilities despite the fact that the issue of designating certifying authorities had been taken up with that  Department and other concerned authorities ever since the Guidelines for assessment of specified disabilities were notified by the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Govt. of India on 04.01.2018. 

5.      No response/ATR in this case has been received from the respondent.  However, Health and Family Welfare Department vide their letter dated 14.03.2018 in response to letter dated 07.02.2018 Department of Social Welfare requested Directorate General Health Services (DGHS), GNCT of Delhi to issue instructions to all medical institutions responsible for grant of certificate of disability to follow the notified guidelines for evaluation and certification of various categories of specified disabilities.  DGHS was also requested to conduct workshops to train the medical authorities about the new guidelines to facilitate smooth issuance of certificates of disability in a time bound manner. The department also requested DGHS to implement the recommendation vide their letter dated 11.05.2018 in the meeting taken by State Commissioner on 16.04.2018 and to issue an advisory/directions to all Govt. hospitals that issue disability certificate in the present to continue issuing the disability certificates in accordance with the guidelines notified by Department of Empowerment of Persons with Disabilities on 04.01.2018 in respect of all the disabilities specified in RPwD Act, 2016.  An ATR was also sought to be furnished to this Court within three days under intimation to Health and Family Welfare Department.  However, no report has so far been received.

6.      In another letter dated 22.05.2018, Health and Family Welfare Department in case no. 139/1121/2018/03, has informed this Court, “that as per new RPwD Act, 2016, the Hospitals have not been notified by the Delhi Government till yet as the Draft Delhi State Rules under RPwD Act, 2016 has not been finalized by Social Welfare Department, GNCT of Delhi. However, in this regard this office has already requested the DGHS to issue necessary instructions to all medical institutions responsible for grant of certificate of disability to follow the notified guidelines of Govt. of India for RPwD Act, 2016 for evaluation and certification of various categories of specified disabilities vide this office letter dated 14.03.2018”.  In response, this Court vide letter no. 139/1121/2018/03/7552 dated 30.05.2018 has informed the respondent that as per Section 57 of the Act, designation of certifying authority for assessment and certification of disability  is not dependent on Delhi RPwD Rules.  The respondent has therefore been requested to designate the certifying authorities so that persons with disabilities are assessed and certified as per the guidelines issued by Department of Empowerment of Persons with Disabilities vide notification dated 04.01.2018.

7.           Dr. A. Madhavi,Dy.Director (Disb.), informed that the draft Delhi Rights of Persons with Disabilities Rules have been notified in the Delhi’s e-Gazette inviting suggestions / objections from the people within a period of 30 days.  The said draft  Rules which were circulated to all the Departments including the Health and Family Welfare Department,  also provide that the H&FW shall designate the certifying authorities and notify their jurisdiction.  Thereafter the rules will be finalized and notified with the approval of Hon’ble Lt. Governor. However, absence of Rules does not prohibit the Department of Health and Family Welfare from designating the certifying authorities. As regards the jurisdiction, the notification dated 12.02.2014 for the purpose stands.  She further submitted that it is not possible for the Social Welfare Department to identify the certifying authorities in the existing hospitals in NCT of Delhi.  This can be done only by the H&FW Department.    

8.           Reiterating his written submissions, the complainant submitted that admissions in the Universities in Delhi are going to  start from 18th June, 2018 and the students with disabilities seeking admission against the 5% reserved seats for them must have a disability certificate as per the requirement of the concerned universities.  His son,  Master Kshitij Goel, who has been diagnosed with Specific Learning Disability has  passed class 12th exam  and he needs a valid disability certificate to be able to apply for admission against the reserved seats. 

9.           It may be recalled that while disposing off case No. 106/1121/2018/02  filed by Ms. Simmi Copra, vide Para 14 of the Order dated 19.03.2018, it was  recommended that  Pr.Secretary Health and Family Welfare should take immediate action and issue detailed guidelines and directives on the process of assessing and issuing  disability certificates by various hospitals / certifying authorities in the NCT  of Delhi so that persons with disabilities and their family members are able to get the disability certificates within the time frame prescribed in the Rules and they are not harassed.  It was specifically advised  that it should be done on top priority as the admissions to schools in Delhi will also commence and many young people with disabilities would approach the hospitals for certificates of disability.

10.         It may be also be recalled that anticipating the difficulties and perceived complications, Office of State Commissioner convened a meeting with the officers of Health and Family Welfare Department, Department of Social Welfare and all the existing designated hospitals for certification of various disabilities on 16.04.2018.  In that meeting,  one of the decisions was  that  as the existing notifications dated 12.02.2014  and 10.09.2014 of Deptt. of Social Welfare, Govt. of NCT of Delhi stand,  Health and Family Welfare  Department will issue a circular to all the concerned hospitals / certifying authorities by 30.04.2018 so that  people with disabilities including the newly included ones are assessed and certified. This essentially required identification of the certifying authorities / specialists and the hospitals that have the specialists and can assess and certify the newly included specified disabilities. 

11.         However,  it appears from the letters dated 14.03.2018 and  11.05.2018 of  Health and Family Welfare  Department  and 22.05.2018 referred to in Para 5&6  that the appropriate certifying authorities  and the hospitals for assessment and certification of specific learning disability and other newly included specified disabilities have not been identified and designated.  Apparently,  the concerned hospitals are not able to assess  and issue disability certificates.

12.         Section 57 of the Act provides as under:
“57. (1) The appropriate Government shall designate persons, having requisite qualifications and experience, as certifying authorities, who shall be competent to issue the certificate of disability.
 (2) The appropriate Government shall also notify the jurisdiction within which and the terms and conditions subject to which, the certifying authority shall perform its certification functions”.

Section 101 of the  Act also does not require the State Govt. to frame the rules for implementation of Section 57 of the Act. Thus, designation of certifying authorities is not dependent on notification of Delhi Rights of Persons with Disabilities Rules.  Health and Family Welfare Department could therefore have designated the certifying authorities immediately after notification dated 04.01.2018 of the Department of Empowerment of Persons With Disabilities.

13.         The line of action seems  abundantly clear to me and  therefore, it is recommended that the Health and Family Welfare Deptt., GNCT of Delhi should immediately identify the certifying  authorities / specialists in different hospitals as notified vide notifications dated 12.02.2014 and 10.09.2014 keeping in view the availability of specialists by 08.06.2018 indicating their jurisdiction  and issue instructions to the concerned certifying authorities to ensure that  all the applicants for certification are assessed and if eligible, be issued certificates of disability by 15.06.2018 so that they are in possession of the certificates of disability before applying for admission to the universities / colleges. A meeting by Principal Secretary, Health and Family Welfare Department and DGHS with the Heads of all the concerned hospitals in NCT of Delhi including those under the Central Government and local authorities and Secretary, Department of Social Welfare may facilitate resolution of the issue. This should be done on top priority as the eligible persons with newly included specified disabilities will be deprived of their right to seek admission against the reserved seats for persons with benchmark disabilities for the second academic year as the Act had been brought into effect with effect from 19.04.2017, albeit without putting in place the guidelines until 04.01.2018 and due to not  designating the certifying authorities in  NCT of Delhi till date. This recommendation is being made to protect the rights of  eligible persons with disabilities to admission against reserved seats for them under Section 32 of the Act.

14.           An Action Taken Report  shall be submitted to this Court by 15.06.2018.  If the respondent  decides not to accept the recommendation, the reasons for non-acceptance of the recommendation be conveyed to this court as required under Section 81 of the Act.

15.         The complaint is disposed off accordingly.

16.         Given under my hand and the seal of the Court this 31th   day of May, 2018.                                               

                                                                                       (T.D. Dhariyal )
                      State Commissioner for Persons with Disabilities

Copy to:- The Secretary(Social Welfare), Deptt. of Social Welfare, GLNS Complex , Delhi Gate, New Delhi for information.






Sanyogeeta Vs. Pr. Secretary, Department of Health & Family Welfare | Case No. 55/1014/2017/12/7570-71 | Dated: 31.05.2018




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. 55/1014/2017/12/7570-71               Dated: 31.05.2018

In the matter of:

Ms. Sanyogeeta,
H.No. 501, Nangal thakran,
Delhi – 110 039                                                     ……….Complainant            

Versus

The Pr. Secretary,
Department of Health & Family Welfare,
9th Level, Delhi Secretariat,
New Delhi – 110 002.                                          …………Respondent


          Present:              Complainant on telephone
                                     
                                      Sh. Neeraj Acharya,
                                      Dealing Asstt. on behalf of respondent

          Date of hearing:    30.05.2018

ORDER

      The above named complainant, a person with more than 90% locomotor disability vide her complaint dated nil received on 05.12.2017 submitted that she applied for the post of Public Health Nurse (PHN), Post Code 39/14 under PH category under Roll No. 83000155.  She was also in the merit list of DSSSB and was first rank holder. She further submitted that out of 70 candidates, 61 candidates have already joined and the remaining 9 candidates have not been given the offer of appointment whereas verification of documents has already been completed.  She requested that she should be allowed to join from the date the other candidates joined so that she gets the other connected benefits like promotion, increment etc. on equal basis with others.

2.    The complaint was taken up with the Delhi Subordinate Service Selection Board (DSSSB) vide notice dated 19.12.2017 followed by reminders dated 29.01.2018 and 13.02.2018 and a hearing on 28.03.2018.  During the hearing, the complainant submitted that her dossier was forwarded to the Department of Health & Family Welfare.  She visited that department multiple times and also submitted a number of representations.  However, neither she has received any response nor the offer of appointment.

3.    Sh. Ashish Mohan, Joint Secretary and Sh. Manish Jain, Dy. Secretary, who appeared on behalf of DSSSB, submitted a report dated 26.03.2018.  As per the said report, the complainant having Roll No. 83000155 has been provisionally selected for the post of Public Health Nurse under the post code 39/14.  Her dossier had also been forwarded to User Department i.e. Health and Family Welfare Department, GNCT of Delhi on 24.07.2017.  They have also received the acknowledgement for the same from that Department.  Therefore, the DSSSB has no role to play in this matter anymore.  In view of this, DSSSB was removed from the array of respondents and Principal Secretary (Health & Family Welfare), GNCT of Delhi was impleaded as respondent and was directed to submit by 30.04.2018  para-wise comments on the complaint and reasons as to why the complainant had not been allowed to join the post of Public Health Nurse, subject to the complainant completing the necessary formalities and the matter was scheduled for hearing on 10.05.2018.

4.    As none appeared on behalf of the respondent, Pr. Secretary (Health & Family Welfare) was requested to look into the matter personally and have the version of the Department submitted by 21.05.2018 so that the complaint could be disposed off.  The complainant deposed on telephone and requested for an early action.

5.    On the next date of hearing on 30.05.2018, the representative of the Department of Health & Family Welfare submitted a letter dated 30.05.2018 as per which, the matter is subjudice before the Hon’ble CAT as an application filed by Sh. Sagar Kumar & Others is pending in the Hon’ble CAT.  The next date hearing in that case is 17.07.2018.  It has further been mentioned that Ms. Sanyogeeta, the complainant in this case has also filed a case before the Hon’ble CAT vide O.A. No. 4176/2016 and hence this case is also subjudice and the next date of hearing is 06.07.2018 and therefore the Department will act as per the directions of the Hon’ble CAT.

6.    The complainant was informed about the contents of the letter dated 30.05.2018 of the respondent on telephone.  She confirmed that she has filed O.A. No. 4176 of 2016 before the Hon’ble CAT.  However, she did not mention it in the complaint, which she should have done.

7.    The representative of the respondent informed that appointment of some candidates recommended by DSSSB including the complainant, have been held up as the Hon’ble CAT has directed that Sh. Sagar Kumar & Others who are contractual Public Health Nurses, shall not be removed from the service till further orders.

8.    As the matter is subjudice before the Hon’ble CAT, it will not be appropriate to continue the proceedings in this court, However, the complainant as well as the respondent are advised to inform the Hon’ble CAT on the next date of hearing about the fact that the complainant has been appointed against a reserved vacancy for persons with disabilities.

9.    The complaint is disposed off.

10.   Given under my hand and the seal of the Court this  31st  day of May, 2018.    

(T.D. Dhariyal)
State Commissioner for Persons with Disabilities

Thursday, May 31, 2018

Shubhash Chandra Vs. DCP South West, Delhi Police | Case No. 73/1101/2018/01/7562-64 | Dated: 30.05.2018



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, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]

Case No. 73/1101/2018/01/7562-64                                           Dated: 30.05.2018

In the matter of:

Sh. Shubhash Chandra (Complainant)
s/o Smt. Dhapa Devi (Victim)
E-18, Mansa Ram Park
Uttam Nagar,
New Delhi-110059                                                                            .……… Complainant     

Versus

Deputy Commissioner of Police
Distt-South West
Sec-19, Dwarka
New Delhi-110075                                                                              …...…Respondent

 

ORDER

                 The above named complainant vide his complaint dated 18.12.2017 submitted that his mother, Smt. Dhapa Devi, a person with 100% visual impairment lives in Plot No-E-18, Mansa Ram Park, Uttam Nagar, New Delhi-110059. There were two entries to the plot. However, one back side entry has been blocked. He requested Deputy Commissioner, South Delhi Municipal Corporation and D.C.P to open blocked backside street, but no action was taken. He also submitted that Sh. Ashok and Mittal’s tenants had kept a weight of 20 quintals on the roof of their house, due to which the house is getting damaged.

2.      The complaint was taken up with the respondent vide notice dated 04.01.2018 followed by reminders dated 13.02.2018

3.        Vide letter dated 07.02.2018, Sh. Shibesh Singh, Dy. Commissioner of Police, Dwarka submitted as under: “enquiry into the matter revealed that the complainant Smt. Dhapa Devi lives at H. No. E-18, Mansa Ram Park, Uttam nagar, New Delhi, which is a temporary house like a jhuggi (photographs enclosed). Her plot is covered from three sides and there is no main gate to her house. She is a senior citizen, aged about 90/95 years and residing with her unmarried son namely Sh. Shubhash, aged about 50 years. Both are mentally disturbed and of unsound mind. During local enquiry, statements of the neighbours have been recorded. There is no blockage in the street in front of the house of the complainant. As regards allegation of cracking of wall/roof due to 20 quintal weight kept by neighbours, the has been found to be false and baseless during enquiry. The complainant Smt. Dhapa Devi is bedridden due to old age and her son Sh. Shubhash is habitual of making such false and baseless complainant on behalf of his mother. Therefore, during enquiry the allegations levelled by the complainant could not be substantiated and does not disclose commission of any cognizable offence”.

4.         The complainant in his rejoinder dated 06.04.2018 submitted that the statement submitted by police is not true. He stated that Plot (size 32×43) No-E-18, Mansa Ram Park, was purchased by his father, Sh. Jaichand and a boundary wall (11 feet high) was made around the plot with two gates of 11 feet, toilet & bathroom and one temporary room. His house is in low lying area and the houses in C-Block are at higher level. That pushes the wall of this house and several cracks have developed in the house. Due to the twenty quintal weight on the adjutant house, their house has further been damaged.

 5.        The Deputy Commissioner along with a Welfare Officer of this Court were deputed to visit the site on 03.05.2018 and submit a report.

6.         During the inspection, Deputy Commissioner of this Court observed that Smt. Dhapa Devi (Age 90 years) was present at the plot and living in a temporary structure house in the Low lying area. The toilet was in dilapidated condition and there was no boundary. It has only one side boundary wall, which has been constructed in place of door which existed earlier. The open space was used as passage for Smt. Dhapa Devi and other community people and the students. The police in its report mentioned that there was no blockage in the street in front of the house of the complainant, but did not mention about the blockage of street on the back side which has been recently constructed forcibly by residents of C-Block (namely: Sh. Khajana Singh s/o Sanjay, Vicky, C-60, Mansa Ram Park, Uttam Nagar, New Delhi-110059, Sh. Rakesh, C-46, Mansa Ram Park, Uttam nagar, New Delhi-110059 and Vinay, C-54, Mansa Ram Park, Uttam Nagar, New Delhi-110059) as reported by Sh. Shubhash Chandra. There is no passage to go on the street / road, while it was open for public earlier. The family of Smt. Dhapa Devi used to go out through that passage which has now been blocked as is clear from the photographs submitted by the inspecting team.

7.         Considering the situation of Ms. Dhapa Devi and her son, it will be appropriate that the back side wall which was constructed by the residents forcefully, should be removed and a passage should be allowed for the occupants of the house. It is recommended that Commissioner, South D.M.C. direct the concerned officers to do the needful within 30 days from the date of receipt of the Order and submit a report to this Court as required under Section 81 of the Act.

8.         As regards allegation of cracking of walls due to twenty quintal weight by the neighbours, the same has not been substantiated. The expression “unsound mind” used for Sh. Shubhash Chandra and his mother Smt. Dhapa Devi in the letter dated 07.02.2018 of the respondent be avoided and sensitisation and awareness programmes for police functionaries may be organised.

9.         The complaint is disposed off in terms of the above recommendation.

10.       Given under my hand and the seal of this Court this 30th day of May, 2018.     

           (T.D. Dhariyal )
                          State Commissioner for Persons with Disabilities

Copy to: Deputy Commissioner, South Delhi Municipal Corporation, South Zone, R.K. Puram, Sector 9, New Delhi, Delhi -110022. For action on the recommendation in Para-7 of the Order and submission of a report as required under Section 81 of the Rights of Persons with Disabilities Act, 2016.  

           (T.D. Dhariyal )
                          State Commissioner for Persons with Disabilities