Asking Ex-Serviceman Who Lost His Fingers To Pass Typing Test For Appointment As Clerk Is 'Arbitrary & Illegal': Punjab & Haryana High Court

The Punjab & Haryana High Court has said that it is "arbitrary and illegal" to ask a candidate whose fingers were amputed to pass typing test for the post of clerk.

The candidate had competed in the reserved category of Ex- Servicemen (general). As per the petitioner, while in service, he was part of the Kargil battle and unfortunately, lost his two fingers of each hand.

Justice Harsimran Singh Sethi said, "the petitioner has the eligibility for both i.e. for competing in the reserved category of Ex-Servicemen as well as the required physical disability to seek exemption, as provided to the other candidates who are competing in the reserved category of physically handicapped."

The judge noted that as per the advertisement issued by the Punjab Government, the exemption from passing of the type test has been granted and the only requirement is that the candidate in question should suffer a disability which should be certified by the Civil Surgeon and such candidate should be granted an exemption.

There is no mention that only the candidates competing in the reserved category of handicap will be entitled for the said exemption. Hence, only applying the instructions in the case of the physically handicapped is beyond the intention of the State while issuing the instructions.

These observations were made while hearing the plea of Stander Pal Singh who competed for the post of Clerk, advertised by the Punjab Government. Singh competed in the reserved category of Ex-Servicemen (general). During his service, the petitioner was part of the Kargil battle and unfortunately, lost his two fingers of each hand.

Singh competed in the reserved category of Ex-Servicemen and stated that he was meritorious enough to be selected within the number of posts advertised but, he was made to appear in the type test which he could not clear due to the injuries suffered in the Kargil Battle wherein, two fingers of his each hand were amputated.

The plea contended that the candidates who were similarly situated but were competing in the physically handicapped category, have been granted the exemption from clearing the type test whereas, the petitioner has not been granted the said benefit only on the ground that the benefit of exemption of passing type test is available to the physically handicapped employees and not the one who is competing in the category of the Ex-Servicemen.

After examining the submissions, the Court rejected the argument that the petitioner is participating in the category of Ex-Servicemen, he has not entitled for exemption for passing of the type test despite suffering disability of more than 40% as the same is only admissible to a candidate who has participated in the reserved category of physically handicap against the seat reserved in the said category.

"Firstly, the candidate who is competing in the reserved category of Ex-Servicemen can also be a person suffering disability of 40% which is required to compete for the reserved category of physically handicapped," observed the judge.

Justice Sethi highlighted that in the present case, the petitioner is not only the EX-Servicemen but is also a disabled employee suffered casualty/amputation of his fingers while serving the nation

The Court observed that once, an employee who does not have fingers, competing in the reserved category of physically handicapped is allowed the exemption from passing of the type test, the petitioner, who fulfills the said requirement, cannot be denied the said benefit merely on the ground that he is competing in the reserved category of Ex-Servicemen.

The judge further noted the same rule under which the selection is being made, are also applicable to the handicapped employees. Once the handicapped employees are being granted exemption, non-grant of exemption to an Ex-Servicemen, who also suffered the 40% disability while serving the nation, will amount to discrimination.

"It cannot be said that the rules are only to be applied against the Ex-Servicemen category and not against the handicapped category," the judge opined.

The Court explained that if under the same rules, the handicapped category is to be granted exemption, from passing of the type test the said benefit can be given to an Ex-Servicemen who suffered the disability while serving the nation and had more than 40% disability having got 02 fingers of each hand amputated.

"Any candidate, who is thought physically handicapped but has no disability in his/her hand, cannot be granted exemption from passing of the type test. Similarly, a general category candidate, who does not have fingers cannot be made to appear in the type test so as to deny him the benefit of exemption," it added.

In light of the above, the Court opined that the exemption is to be granted keeping in view the disability suffered by a person irrespective of the category in which he/she is appearing and in the present case, the petitioner was entitled to the benefit of exemption as granted to the others, who were having a physical disability which prevented them from passing the type test.

Consequently, the Court directed the authorities to consider the claim of the petitioner against the said vacant post for appointment to the post of Clerk.

Mr. A.D.S. Jattana, Advocate for the petitioner.

Mr. Amarpreet Singh Bains, AAG, Punjab.

Title: SATINDER PAL SINGH v. STATE OF PUNJAB AND ANR

 Citation: 2024 LiveLaw (PH) 409

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