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Chief Commissioner, Disabilities vs. Uttranchal Forest Hospital Trust

Case No. : 2587/2002/262
Complainant: Chief Commissioner, Disabilities
Respondent: Uttranchal Forest Hospital Trust

Category of Complaint:

Description

The Office of the Chief Commissioner, Disabilities upon taking Suo-moto notice of violation of Section 33 of Persons with Disabilities (Equal Opportunities, Protection of Rights & Full participation) Act 1995, registered a complaint u/s 59 of Persons with Disabilities Act against the respondent.

Whereas Uttranchal Forest Hospital Trust Medical College , Uttranchal published an advertisement in the Hindustan Times dated 21 June 2002 for the posts of Assistant Professor. In this Advertisement, no provision regarding reservation for the physically handicapped persons was made in accordance with Section 33 of the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act 1995

Judgment

In View of the material available on file and the written undertaking given by the respondent regarding filling up of one post of Assistant Professor, case is disposed of with the advise to advertise4 the proposed post of Assistant Professor reserved for PH category in the Employment News within a period of 6 months from the date of receipt of this Judgement & Order. It is also advised that respondent calculate the actual representation of PWD's in each group and fill up the backlog, if any, in future recruitment's. While formatting the advertisement for filling up the posts reserved for PWD's, the following information should invariably be reflected:

  • Information regarding sub categories of disabilities e.g., whether the post is reserved for blind or low vision; Deaf; or locomotor disabled or cerebral palsy;
  • That persons with disabilities having 40% or more disability are eligible for the post(s);
  • The number of posts against each category reserved for disabled;
  • Relaxation/concessions/exemption in age relaxation, application fee and eligibility criteria.
  • The name and address of the person with disability appointed against the reserved post of Asstt. Professor be submitted to this Court within 2 weeks from the date of his/her joining.

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