Carry forward vacancy of seat for physical handicapped candidate
Querist :
Anonymous
(Querist) 06 September 2011
This query is : Resolved
Dear sir! As per Disabilities Act 1995, if a vacancy can not be filled up due to non-availability of a suitable person with disabilities or for any other sufficient reason, such vacancy shall be carried forward to the succeeding recruitment year. But as required in a competitive examination, PWD Candidates are also required to pass the written part and appear in the Viva-Voce. There is no relaxation on this aspect for them also. The only thing is their merit list will be separate and their competition will be amongst themselves.
Now in the instant case, PWD Candidates applied and appeared in the examination but could not qualify in the written part. So the PSC has decided to carry forward the vacancy on the plea that no suitable PWD Candidate was available/qualified.
Now, Is it not that when PWD Candidates applied and appeared, the objective of the act of giving equal opportunity, protection of right and giving chance of full participation to them was given and such candidates were available ? Not qualifying in the written part is their own fault. I think in the instant case, objective of the act is already complied and now if the vacancy is carried forward, it would amount to giving extra favour to them and doing injustice to others. Of course, if there were no applicant or for some reasons they could not sit in the examination, giving some more opportunity as envisaged in the act will be justified. But present case is not of this sort.
Now my point is - can this vacancy (only one) be filled up by others from the general merit list? Is there any case law on this?
prabhakar singh
(Expert) 06 September 2011
For how many days, in how many ways, you want us to say that you are misconceiving the law for your vested interest.Moreover if you feel aggrieved,file a case and there will be a citation.Our opinion can not bring any fruit
and no case law is there in my knowledge in your favor.
