The Hindu : New Delhi News : High Court directs AAI to re-employ blind girl

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Friday, Dec 07, 2007
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High Court directs AAI to re-employ blind girl

Staff Reporter

Also asked to exempt her from written examination

Recruited in 2002 as receptionist on ad hoc basis under physically handicapped category
Her services were terminated in 2004 without notice; AAI said it was not a regular appointment

NEW DELHI: The Delhi High Court has directed the Airports Authority of India to give a suitable job to a blind girl without putting her through a written examination.

Peculiar circumstances

Stating that the judgment should not be treated as a precedent, a Division Bench of the Court comprising Justice A.K. Sikri and Justice Vipin Singh issued the direction in view of peculiar circumstances of the girl’s case.

The Authority had recruited the girl as a receptionist on an ad hoc basis under the physically handicapped category in 2002. It terminated her services in 2004 saying it was not a regular appointment.

She challenged her termination in the High Court submitting that the termination was illegal as she was not served any notice or charge-sheeted prior to the action.

However, the Court dismissed her contentions saying they were misconceived and untenable. But it granted the relief to her in view of the fact that her vision had deteriorated and she had turned blind during the service. At the time of her appointment she was partially blind.

Since she could not read and write, she was unable to enhance her knowledge and sit in the examination to be conducted by the Authority for appointment of other terminated ad hoc employees along with her, and this placed her in a peculiar circumstance, the Court said.

Further, the Authority had not provided for reservation of posts for visually-impaired candidates in the advertisement it had brought out for recruitment, virtually forcing her to compete with the other terminated candidates and others under the general category, the Court added.

‘Give better job’

“In view of these circumstances peculiar to this case, we are of the view that if she is given the same treatment as meted out to others, it would be a travesty of justice,” the judgment said. “The petitioner, therefore, is entitled to be exempted from appearing in the written test. She shall be given a job which she could conveniently handle keeping in view her disability,” the Court stated.

The Authority had terminated her service along with 134 other ad hoc employees.

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