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| CAT directs JK UT to ensure that all benefits are made available to specially abled candidate | | | Early Times Report
JAMMU, Oct 6: A bench of Central Administrative Tribunal (CAT) comprising R S Jain Judicial Member and Anand Mathur Administrative Member directed the Jammu & Kashmir union territory to ensure that all the benefits made available to a specially abled candidate while appearing in the selection process issued by the government, in terms of various Acts, Rules and Regulations on the subject, be made available to the applicant as also all the specially abled candidates appearing in the Junior Assistant selection.
This significant order has been passed in a petition filed by Umar Nisar Zarger who is a specially abled person, has applied for the post of Junior Assistant in the advertisement issued by the government department seeking direction to respondents requiring persons/candidates with benchmark disabilities to type 35 words per minute same as the fully able persons/candidates, provided as a matter of eligibility for the post of Junior Assistant, clerk and Computer cum Junior Assistant, being without any exemption or modification or adjustment to provide "Reasonable Accommodation" to Persons with Disabilities, patently illegal, unreasonable, arbitrary, discriminatory and unconstitutional being violative of Articles 14 and 16 (1) of the Constitution of India and also seeking appropriate orders and direction may be passed issued declaring the Recruitment Rules including SRO 82 of 2004 dated 22/3/2004 governing the various Subordinate Services in the Union Territory of Jammu and Kashmir as far as the post of Junior Assistant is concerned, requiring persons/candidates with benchmark disabilities to type 35 words per minute same as the fully able persons/candidates being without any exemption or modification or adjustment to provide "Reasonable Accommodation" to Persons with Disabilities, patently illegal, unreasonable, arbitrary, discriminatory and unconstitutional being violative of Articles 14 and 16 (1) of the Constitution of India and also seeking direction to respodents by issuing the impugned Advance notice dated 22.09.2021, wherein the Applicant has been called upon along with other eligible candidates to appear mandatorily in the Computer based/short hand test without any exemption or modification or adjustment to provide "Reasonable Accommodation" to Persons with Disabilities is patently illegal, unreasonable, arbitrary, discriminatory and unconstitutional being violative of Articles 14 and 16 (1) of the Constitution of India. |
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