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PIL Filed by NFB Delhi against Railway Recruitment of 89, 409 vacancies. Order passed by the Division Hon'ble the Acting Chief Justice Ms. Gita Mittal And Justice C.Harishanker regarding

Mon, 03/05/2018 - 16:51 -- geeta.nair
Date of enactment: 
Monday, March 5, 2018
Eyeway Synopsis: 
PIL Filed by NFB Delhi against Railway Recruitment of 89, 409 vacancies. Order passed by the Division Hon'ble the Acting Chief Justice Ms. Gita Mittal And Justice C.Harishanker regarding
Introduction to Act: 
Sharing below the email from NFB Delhi and attachment regarding the PIL mentioned in the subject line. Koshy saves his time from this research requested in the email shared by Shirin and forwarded by me early part of the day today. Dear colleagues, We have the pleasure to share with you an important initiative of judicial activism taken by NFB. We filed PIL being WP(C) no. 1855 of 18 Challenging to two centralized employment notices notifying in all 89,409 vacancies in Group C Making the following prayers:- a) Issue of a writ of certiorari or any other appropriate writ order or direction thereby calling for the records relating to the issuance of centralized employment notices (CEN) no. 01/2018 and 02/2018, examine the same and quash both the impugned employment notices being volatile of provisions of rights of persons with disabilities act 2016 relating to the scheme of reservation in employment, definition of different disabilities and the method of computation of reserved vacancies for persons with disabilities. Further declare that the respondents in the impugned employment notices have illegally excluded the blind persons from consideration against the notified posts and from availing the benefit of scheme of reservation. b) Issue of writ of certiorari or any other writ, order or direction thereby calling for the records relating to the issuance of centralized employment notices (CEN) NOS 01/2018 and 02/2018, examine the same and quash the impugned employment notices to the extent they prescribe qualification of national apprenticeship certificate (NAC) granted by NCVT OR ITI from institutions recognized by NCVT OR SCVT and direct the respondents to relax the said eligibility condition from persons suffering from blindness and low vision and other categories of disability by providing reasonable accommodation in terms of section 3(5) of RPD act 2016 or in the alternative direct the respondents to ensure their apprenticeship certification after selection through the national institutes of respective categories of disabilities run by the department of empowerment of persons with disabilities under ministry of social justice and empowerment. c) Issue a writ of certiorari or any other appropriate writ of direction thereby calling the records relating issuance of centralized employment notices no. 01/2018 and 02/2018 and quash the impugned employment notices to the extent the impugned notices contain stipulation to the effect that the particulars of the scribe including his / her photograph has also to be uploaded at the time of applying for the post in question and direct the respondents to accept the applications of blind candidates without insisting upon the particulars of the scribe and also to permit the blind candidates to seek permission for the scribe and provide their particulars at the time of conduct of the test. d) Issue of a writ of prohibition or any other writ, order or direction thereby restraining the respondents from undertaking selection process pursuant to the impugned centralized employment notices without properly giving reservation to the extent of 4 % vacancies for persons with disabilities with distribution of the said 4 % vacancies to the extent of 1 % each for persons suffering from blindness and low vision, deaf and hard of hearing, loco motor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy, autism, intellectual disability, specific learning disability and mental illness, multiple disabilities from amongst persons under clause (a) to (d) including deaf blindness respectively and without amending the impugned notifications in above terms. e) Issue of a writ of mandamus or any other appropriate writ order or direction thereby directing the respondents to issue corrigendum to the impugned centralized employment notices (cen) by reserving at least 895 vacancies’ for each of the 4 categories of the persons with disabilities in accordance with section 34 of the RPD act 2016 in the post identified for each of them in terms of notification of ministry of social justice and empowerment bearing notification no. 16-15-2010-DD. III dated 29.07.2013 read with OM no. 6-2/2014-DD III dated 04.03.15 by complying with the directions of Hon’ble apex court in judgment dated 8.10.2013 by declaring the blind also along with low vision candidates eligible for applying for the posts in question and after relaxing the eligibility condition of having qualification of national apprenticeship certificate (NAC) granted by NCVT OR ITI from institutions recognized by NCVT OR SCVT and also after withdrawing the condition of filling up the particulars of scribe at the time of applying for the post in question pursuant thereto. The matter came up for hearing today on 27.02.2018 when as a result of the direction of Hon’ble High Court, the counsel for railways informed the court that the railways have decided to issue corrigendum by tomorrow evening i.e. 28.02.2018 providing reservation for the blind and allowing them to apply against the post advertised in Centralized employment notice no.02/18 notifying 62,509 vacancies in different post and the court has now listed the matter on 01.03.18 for further hearing and ensuring compliance. We are attaching herewith the order dated 27.02.2018 in the afore mentioned matter.
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