* 1 * W.P.9639.2010 28.6.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9639 OF 2010 Union of India .... Petitioner V/S. 1. The Competent Authority and Commissioner Disabled Persons Welfare Commissionerate, Maharashtra State and anr. .... Respondents * * * * Mr. Shailendra S. Kanetkar, Advocate for the petitioner. Mr. S.N. Patil, AGP for respondent no.1-State. CORAM :- MOHIT S. SHAH, C.J. & SMT. R.P. SONDURBALDOTA, JJ. 28th June, 2011. P.C. :- 1. The petitioner issued an advertisement which was published in the Employment News 9-15 April, 2005 at Exhibit-A to the petition inviting applications for 2 posts of Cook (Ncs UE) and 7 posts of Mazdoor. Out of the 7 posts of Mazdoor, 1 was reserved for Physically Handicapped (deaf) candidate. Respondent no.2 approached in response to the * 2 * W.P.9639.2010 28.6.2011 advertisement and underwent selection process. After the selection procedure was followed, the petitioner issued order dated 14th February, 2008 for recruiting respondent no.2 specifically mentioning as under : RECRUITMENT : MAZDOOR 1] Refer to your interview dated 17 Jan 2008. 2] You are hereby advised to report to this Depot immediately at 0900 hrs, travelling at your own expenses, in connection with your employment as MAZDOOR in this Depot, alongwith the original copies of all educational/Tech certificates and two passport size latest photographs. 3] Please note that your induction into the service will be subjected to Police Verification provided that you are not reported upon adversely by them. Please also note that the selection does not guarantee the claim over the post. Sd/- [C.M. Mulka] OOC[A] Personnel Officer [Civ] For Commandant” 2. Respondent no.2 accordingly reported with all the necessary documents. The petitioner, however, did not permit respondent no.2 to join the service. Therefore, respondent no.2 approached the Competent Authority and Commissioner for Welfare of Disabled, State of Maharashtra at Pune under the Persons of Disabilities (Equal * 3 * W.P.9639.2010 28.6.2011 Opportunities, Protection of Rights & Full Participation) Act, 1995 and lodged complaint No.148/09/2010-11/2212. The petitioner filed Written Statement and opposed the complaint. After hearing the complainant and the report of the petitioner, the Commissioner partly allowed the complaint and passed the following order : “ ORDER A] The complaint is partly allowed. B] The opponents are directed to reinstate the complainant on the post of Mazdoor reserved for persons with disabilities and fixed for persons belonging to hearing handicapped category within a period of 30 days from receipt of this order. C] In case if it is not possible for opponent to take action as per clause (B) above, opponent to quantify the amount as per scale of post of Mazdoor and payable allowances from 14.2.2006 till date of this order and pay the damages for the said period at the prevailing interest rate within a period of 8 days on receipt of this order.” 3. It is the aforesaid order dated 18th June, 2010 which is challenged in the present petition. Having heard the learned counsel for the parties, we do not find any merit in this petition. Once the petitioner issued an advertisement specifically indicating that 1 post of Mazdoor was reserved for a Physically Handicapped candidate (deaf) and respondent no.2 fulfilled all the requirements and was selected and infact an appointment order was issued on 14th February, 2008, it was * 4 * W.P.9639.2010 28.6.2011 not open for the petitioner-employer to cancel the appointment of respondent no.2. The learned counsel for the petitioner, sought to contend that, the post was not reserved for the person with hearing impairment, but, was meant to be fulfilled with persons of locomotive disability. It is not open for the petitioner to raise this contention in the teeth of the petitioner’s contention for reserving the posts for Physically Handicapped candidate with hearing impairment. The petition is therefore, summarily dismissed. The petitioner shall comply with the order dated 18th June 2010 passed by the Competent Authority and Commissioner for Welfare of Disabled, State of Maharashtra at Pune at Exhibit-F to the petition, as expeditiously as possible, preferably within a period of one month from today. [SMT. R.P. SONDURBALDOTA, J] [CHIEF JUSTICE]