Facts
The applicant, a PwBD candidate with congenital amputation and 50% permanent impairment of her left upper limb, cleared Phase I of the Common Recruitment Examination 2024 for clerical and related posts.
Source reference: para. 4Before the skill test, she made representations dated 8 April and 7 May 2025 seeking exemption from the computer typing test; those representations remained undecided when she was required to participate in the test.
Source reference: paras. 4, 8The OA sought a general exemption for PwBD candidates from the typing test and partial quashing of the 2024 recruitment rules for omitting such an exemption.
Source reference: para. 1Issues
1. Whether AIIMS, New Delhi was required to consider the applicant’s pending request for exemption from the typing test in light of the applicable instructions and the cited Delhi High Court decision.
Source reference: paras. 8–142. Whether the Tribunal should grant the broader relief sought—general exemption for PwBD candidates and partial quashing of the recruitment rules—on the material before it.
Source reference: para. 1; paras. 10–17Law Applied
The Tribunal considered the DoPT Office Memorandum dated 28 November 2022, which the applicant relied on as permitting exemption from the typewriting test for persons with disabilities who are medically certified as unable to type.
Source reference: paras. 4, 9, 13It also considered AIIMS Jodhpur’s instructions dated 18 July 2019, under which a candidate claiming permanent inability to take the typing test because of physical disability could be exempted, subject to prior approval and a certificate from the competent medical authority.
Source reference: paras. 5, 9The Tribunal further relied on the Delhi High Court’s decision in Raju Ranjan v. Union of India, W.P. (C) No. 9255/2019, which held in its particular factual context that a typing-test requirement should not apply to a candidate with specified upper-limb disabilities and directed consideration of the candidate’s result.
Source reference: paras. 6–7The Tribunal did not hold that these sources automatically exempted the applicant; it directed that her claim be assessed under the applicable instructions and the precedent.
Source reference: paras. 10, 13–15Reasoning
The applicant had raised her disability-based claim before the skill test, but AIIMS had not decided it before requiring her to participate.
Source reference: paras. 8, 12Given the cited policy materials and Raju Ranjan, the Tribunal considered that her individual claim required examination by the competent authority rather than being left unresolved.
Source reference: paras. 10–15It also rejected the objection based on non-impleadment of participating institutes as a bar to that consideration, noting that AIIMS, New Delhi was the designated agency conducting the examination and that the applicant had addressed her representation to its Director.
Source reference: para. 11The Tribunal therefore ordered a reasoned decision on the pending representation, without itself determining that the applicant was entitled to exemption or granting the broader challenge to the recruitment rules.
Source reference: paras. 13–17Holding
The OA was disposed of with a direction to AIIMS, New Delhi to decide the applicant’s representation within one month of receiving a certified copy of the order, considering the cited Office Memorandum, applicable PwD policy and instructions, AIIMS Jodhpur’s 2019 instructions, and Raju Ranjan.
The applicant was to be given an opportunity to submit relevant documents, including medical certificates, and the authority was to issue a reasoned and speaking order.
Source reference: para. 15Any interim order was to continue until the representation was decided; if the claim was accepted, consequential benefits admissible in law would follow on a notional basis.
Source reference: paras. 16–17Pending applications stood disposed of, with no order as to costs.
Source reference: para. 18Original Court PDF
AkanshavsAIIMS
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