In The High Court Of Delhi At New Delhi
C.W.P.No. 7120 Of 2002
In a case that sets precedence, Anjali Arora under the counsel of Ashok Agarwal, Social Jurist, New Delhi, challenged the Constitutional validity of the rejection of her candidature by the National Thermal Power Corporation Ltd, for the post of Assistant Law Officer as her educational qualifications did not meet the criteria.
The details:
- Anjali Arora is visually challenged with a Degree in Law from the Delhi University and is enrolled as an Advocate with the Delhi State Bar Council since 1998.
- She applied for the post of Assistant Law Officer under the “Physically Handicapped” category for a post advertised in Employment News dated 28th September-4th October 2002. The post required a Graduate Degree in Law (Professional) from a recognized University with at least 60% marks (only Pass marks required for SC/ ST candidates).
- Anjali Arora completed her degree of law in 1998 with 58.73%. Her candidature was rejected on the grounds that she did not fulfill the minimum criteria of 60 percent of marks.
The discrepancies:
In terms of OM No. 14016/1/85-Estt. (SCT) Deptt. Personnel and Training, Govt. of India dated 04.09.1995, candidates belonging to physically handicapped category are also legally entitled to the same benefits /relaxations as other reserved quotas.
The judgment:
Order passed: 15.07.2003
The court directed the NTPC to give relaxation to physically handicapped candidates as is available to scheduled caste/scheduled tribe candidates in educational qualifications ie, pass marks. This concession would have to be reviewed after five years.
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