Judgment:
HON'BLE Dr. K.B.S.RAJAN, JUDICIAL MEMBER
1. The issue is simple. The applicant a Scheduled Tribe candidate having secured the highest marks among the aspirants to the post of GDS BPM has been denied the said appointment on the ground of her physical disability inasmuch as she cannot climb a longer distance whereas for getting the mail from the main road, she has to travel around 7 kilometers one way. The respondents have accordingly given the appointment to the next meritorious candidate, namely, respondent No.4.
2. The application has been contested by respondents No.1-3. While admitting the fact that the applicant is the highest scorer in the Matriculation, they have stated that the duty of GDS BPM, Abhayagiri also involved conveying of mail/branch office bags meant for office and its accounts office. The distance between Abhayagiri situated in a tribal settlement area and Kallunira Transit Point is about 7 kilometers one way and, therefore, GDS BPM, Abhayagiri would have to travel this distance daily for the purpose of conveying mail bags through a hilly track. They have also stated that in the proceedings of the Appointing Authority recorded in the file relating to the appointment to the post, it has been recorded that the applicant who was suffering from locomotor disabilities owing to Muscular Dyatrophy had expressed its inability to climb steps and was, therefore, considered unfit to hold the post. Accordingly, the next eligible candidate (respondent No.4) was given the appointment.
3. Counsel for the applicant argued that in respect of physically challenged individuals already there has been a restriction and they could be accommodated only against certain identified posts. Post of Sub Post Master and Post Master as well as Mail Carriers are such identified jobs, notwithstanding, the fact that these jobs pertain to Central Government, it is equally applicable to the GDS employees as well.
4. Counsel for the respondents, on the other hand, argued that it will be an exercise in futility in case the applicant is first selected, appointed and if she is relieved immediately on account of her physical disability.
5. Arguments were heard and documents perused. The post is one which is to accomplish a job that is included as one of the identified jobs tenable by physically challenged. Be it postmaster/sub postmaster or mail deliverer or mail career, these jobs have already been identified as jobs which could be earmarked for physically handicapped. Jobs which have certain minimum medical standards and which the physically handicapped do not possess, are not to be afforded to them. In the case of GDSBPM, there is no medical standard prescribed for the post. As such, the respondents cannot, on the basis of alleged statement by the applicant expressing her inability to climb stairs cannot, ignore her candidature and give the appointment to the next in the merit list. The correct procedure is to first offer the appointment to the most meritorious candidate and in the event of the candidate declining to join the post, the post could go to the next in the merit list. Admittedly, the respondents presumed that the applicant would not accept the appointment and offered the post to the next in merit list. This is certainly illegal.
6. Thus, the O.A. succeeds. It is declared that the applicant is entitled to be appointed as GDS BPM, Abhayagiri. Respondents are directed to consider issue of necessary appointment order to the applicant within a period of two months from the date of communication of this order. As the private respondent has also been issued notice, her appointment gets cancelled on the ground that it is the applicant who was to be issued with the appointment order. In case the applicant declines the post may be offered to the private respondent. No cost.