Don’t use words ‘seeing’, ‘one leg’ in orders: CAT to Govt

Srinagar, Oct 17: The Central Administrative Tribunal (CAT) in Srinagar Thursday asked the Chief Secretary to take note of government orders using expressions like “seeing” and “one leg” for “visual impairment” and “locomotive or orthopaedic impairment”, saying such words should not be repeated in future.

“This court is unable to understand as to what is the meaning of word ‘seeing’ in the column of ‘Physical Requirement’ and in the column of ‘Categories of Disabled Suitable for Jobs’, ‘hearing impairment’, ‘One Arm, One leg’, a division bench comprising M S Latif, Member (J), and Prasant Kumar, Member (A), said while referring to the language used in Govt Order 59-JK (SDW of 2021) dated April 15, 2021.

The tribunal noted that the order apparently has been issued without application of mind observing that it has far-reaching consequences as the same deals with employment which is a national wealth in which every eligible candidate has the right of consideration.

At the same time, the tribunal expressed its anguish for the J&K Public Service Commission, the premier institution engaged in the selection of top posts for following the same language, which, it said, by no standards ought to have been used.

The tribunal was hearing a plea challenging an advertisement notification the PSC issued on August 2, this year for filling up the posts of Veterinary Assistant Surgeon in the Animal and Sheep Husbandry Department.

Aashiq Hussain Ganaie in his plea submits that as per the advertisement notification, six posts have been reserved for persons with benchmark disabilities three for each.

He submits that one leg, hearing impairment and persons with disability with low vision have been excluded for the post of Veterinary Assistant Surgeon to which the reference is made under Govt Order 59-JK (SDW of 2021) dated April 15, 2021.

Ganaie in pursuance to the advertisement notice has applied for the post of Veterinary Assistant Surgeon, as he is BV Sc & AH and belongs to the PWD (Low Vision) Open Merit Category.

Ganaie contends that the notification is in violation of section 33 sub-rule 3 of the Rights of Persons with Disabilities Act, 2016.

He has referred to clause 3 wherein the “competent authority to undertake periodic review of the identified posts at an interval not exceeding three years.”

He submits that the reference of Govt Order 59-JK (SDW of 2021) dated April 15, 2021, has not been reviewed at an interval, not exceeding three years.

As such, he submits that the said government order has lost its applicability.

The tribunal issued notice to the PSC and the government to file detailed responses within three weeks positively.