Govt. of NCT of Delhi vs Surinder Singh (CWP No. 2461 of 2002)
In the High Court of Delhi
The following is an account of two independent cases filed by Bharat Lal Meena and Surinder Singh, but judged on the same lines. Both Bharat Lal Meena and Surinder Singh had applied for the post of Physical Education Teacher. Meena had a Bachelor of Physical Education degree with disability of 60% with his right hand amputated below the elbow; and Surinder had locomotor disabilities.
The Details
In the year 2000, the Delhi Subordinate Services Selection Board advertised for 143 posts of teachers of which 4 were reserved for handicapped persons. Three candidates passed the written test and were recommended by the Board to the Directorate of Education for their appointment as Physical Ed Teachers in the pay-scale of Rs. 5,500 / to Rs. 9,000 /-. They were asked to attend the Office of Deputy Director of Education along with their original documents/certificates and after being satisfied about their educational qualification, they were appointed on 3.2.2000, and their posting orders were issued.
The Injustice
At about this time the Directorate of Education felt that they had mistakenly appointed the 3 persons in the physically handicapped category. The Directorate consulted the Chief Commissioner who replied (on 6.6.2000 vide letter No. F. No. 82/CCD/99/6020) that under the circumstances of scale of pay and Group of employment it was not possible to appoint any person with disabilities to the post of Physical Training Instructor. Hearing of this Bharat Lal Meena was not allowed to join the post.
The case of Surinder Singh was pretty much the same. Surinder Singh had joined the post on 3.2.2000. About 10 months later a show cause notice was issued to him stating that since he was selected in the orthopedic handicapped category, he is not eligible for reservation in physically handicapped category and on 21.9.2001 was terminated from the post.
The argument given was that a person needed to be to work in the field and hence must be physically fit with all the four limbs to impart training to the students in various sports activities.
The Reaction
In retaliation Meena around the 17th of June 2000, issued a show cause notice challenging the dismissal, Similarly, Surinder Singh too challenged the orders issued to him.
It was their individual contention that had they not been able to perform their duties as handicapped persons then they would have not been selected for the said course, i.e., Bachelor of Physical Education Degree. Even as disabled persons, they were admitted to the course and passed the qualifying examination.
The Judgment
The Court judged in favor of Bharat Lal Meena and Surinder Singh and asked for their appointment in the physically handicapped category.
Decided On: 29.08.2002
Acts/Rules/Orders: Constitution of India – Article 226