Injustice on physically handicapped PhD holder doctor by ignoring law of Supreme court
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I am Dhirajsingh SUmersingh Rajput. I am a PhD holder in Ayurveda, subject specialty Rasashastra (Ayurvedic pharmaceutics). I have 5 years teaching experience with 1 book and 47 paper publications in international journals. I am partially deaf (68% hearing loss). I had given exam for lecturer post at National Institute of Ayurveda, Jaipur. I was the only physically handicap appeared in exam at 13th rank among 75 physically fit candidates. One post was reserved for handicap candidate. In my subject (Rasashastra), including I, 6 candidates were called for interview. I had the highest qualification as well as achievements among these candidates. However I have been rejected without mentioning any reason. I filled case at Court of Chief Commissioner for Person with Disability (CCPD), New Delhi. The court also rejected me by mentioning that only Orthopedically Handicap is eligible in my subject. The nature of performed work is mentioned below;
“They teach college students one or more science subjects, Deliver lecture, guide and supervise practical work in the field or laboratory, Set examination papers, conduct examinations and mark paper. Maintain, class registers and records may conduct or guide research work. They teach medical subjects to the students, supervise practical, clinical training. Examine patients, their clinical investigations, supervise and administer treatment, maintain records and conduct and guide research work.” Similar nature of work is also mentioned in Lecturer, reader, professor (Art) which are identified for hearing impairment category. (identified post no. 297 to 321). According to CCPD guideline “The nomenclature used for any job/post shall mean and include nomenclature used for other comparable jobs/posts having identical functions.” The same rule has been presented by Government of India Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training (No. 36035/02/2017-Estt (Res)) dated 20 June 2017, point no.4(a). Based on “Identical function” the subject Rasashastra is also identified for hearing impairment.
Judgment of Supreme court CIVIL APPEAL NOS.2281-2282 OF 2010, stating “It was submitted that the general principle relating to disability law deals with substance and not the nomenclature for any particular post and the same would include the nomenclature used for other jobs and posts having identical functions”. In this case Supreme Court has directed to that if a disabled person is eligible and competent to perform given function then his right can not be denied. This is also evidence of similar law.
No post of handicap is filled by National institute of Ayurveda since 1998 till 2017. As per RPWD act 2016, point no. 34. (2) “Where in any recruitment year any vacancy cannot be filled up due to non-availability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability. Similar judgement is made by Supreme court in CIVIL APPEAL NO.9096 OF 2013.
In my case, I was the only eligible handicap appeared in screening test and interview too. No specific category of handicap was mentioned by NIA in advertisement no. 1/2016 and no such specification of category is mentioned in RTI reply to my quarries, nor to in reply to my grievance (No. PMOPG/E/2017/0395433). All these facts together strongly represent that available eligible handicap (no matter which category) should be selected.
Based on the above facts and laws, there is clear injustice done on me. I am seeking support by filling this petition. I know I am right as per law but I need decision from law governing authorities. Kindly help me.
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