1. The challenge in this writ petition is to the order dated August 20, 2014 passed by the Chief Commissioner for Persons with Disabilities Ministry of Social Justice & Empowerment Department of Disability Affairs whereby the Commissioner has directed the petitioner to give appointment letter to the respondent for the post of Group D in North Western Railway subject to the respondent fulfilling other requisite criteria within 45 days from the date of receipt of the order.
2. The facts as noted from the petition are, the Recruitment Cell of North Western Railway issued an employment notice No.2/2010 invited application for filling up 5020 posts in Pay Band-I of Rs.5200-20200 with Grade Pay of Rs.1800/- and made 3% reservation for persons with disability in terms of DoP&T circular dated December 29, 2005. Out of W.P.(C) No. 1398/2015 Page 1 of 10 the said vacancies, 150 vacancies were reserved for physically handicapped candidates. On September 24, 2012, during the verification of the documents, it was found that the certificate enclosed by the respondent along with his application does not bear the designation and seal of the Members of the Medical Board, which should indicate the presence of a specialist member in the relevant field. The candidature of the respondent was rejected for want of valid disability certificate. As he was not issued appointment letter despite being selected nor he was told about the reasons for not issuing the appointment letter, he filed a complaint before the Commissioner. It was his case before the Commissioner that he waited for six months, yet no appointment letter was issued. It is also noted that during the pendency of the complaint before the Commissioner, the Commissioner wrote a letter to the Deputy Superintendent, Sadar Hospital, Bihar Sharif, Nalanda from where the respondent had got the disability certificate dated November 30, 2006. The Deputy Superintendent, Sadar Hospital, Bihar Sharif, Nalanda, vide his letter dated August 19, 2013 confirmed to the Desk Officer in the office of the Commissioner that the disability certificate No.1055 dated November 30, 2006 issued to the respondent, Mr. Mahipal Kumar, on comparison the said certificate was found to be true. The Commissioner was of the view that on examination of the medical certificate and other W.P.(C) No. 1398/2015 Page 2 of 10 related documents, the certificate bears the seal and signature of the Civil Surgeon, Nalanda who chaired the Medical Board. He also concluded that the certificate bear the signature of two other members though the certificate does not bear their respective seals. The Commissioner was of the view that the rejection of the certificate by the petitioner was on a frivolous and untenable grounds. According to him, there was no substantive violation of O.M dated December 29, 2005 of the DoP&T and minor procedural lapse such as absence of seal of two member Doctors and absence of explicit indication of the specialist belonging to the related category of disability could have been correct.