Memo.No.77378/Ser.A/97-2 Dated: 18-11-1997
Sub:
Public Services - Recruitment - Appointment of persons who were suffering from
Leprosy and have been declared fit for public service - Directions of Supreme
Court of India - Communicated.
Ref:
From the Asst.Registrar (Judi) Supreme Court of India Lr. No.2600/91-Sec.X, New
Delhi dated 25-9-1997.
1. The Assistant Registrar (Judi) Supreme Court of India has communicated a certified copies of each of the order of the Supreme Court as contained in the record of proceedings dated 8-5-1995, 25-4-1997 and 8-9-1997 passed in IANo.2, IANo.3-6 and IA No. 7-8 in WP (Civil) No. 1099/91 filed by Sri Ranjit Kumar Acharya Vs Chief Personnel Officer (Admn) South-eastern Railway.
2. The Supreme Court in its orders dated 8-5-1995 in IA No.2 in WP (Civil) No. I 099/91 in the case of Ranjit Kumar Acharya Vs Chief Personnel Officer (Admn) South-eastern Railway directed as follows:
"We are of the view that in the facts of this case it is necessary to direct that in case the petitioner or any other person similarly situated like the petitioner that is those who were suffering from Leprosy and have been declared fit for public Service by the Medical Authorities, if and when they apply for any Government job or any other public office including admissions to Medical, Engineering and Management Institutions, the same should be considered keeping in view the instructions issued by the Ministry of Home Affairs dated March 2, 1965 bearing O.M.No.14-11/65-Esu.(D) and in m:cordance with law"
The above directions are subject to the availability of a vacancy.
3. The Supreme Court in its clarificatory order dated 25-4-97 in IA No. 3-6 in WP (Civil) No. 1099/91 has further clarified as follows:
"The directions sought in these I.As place reliance on an earlier order dated 8-5-1995 in I.A No.2 in WP(C) No. 1099/91 which in turn is based on even an earlier order dated May 1, 1995 in I.A No.2 in WP(C) No.831/92. The submission of learned counsel for the applicants is that the effect of this order is that the applicants are entitled to be admitted to the Indian Institute of Management and the Indian Institute of Technology without any competition merely on the basis of the qualification required for admission. We are afraid that this is not the purpose of the earlier orders made by this Court and such an impression needs to be dispelled. The only effect on the orders made by the Court is that the cured leprosy patients will be considered for admission in such educational institution on the basis of their own competence and merit without taking into account the factor of their earlier illness which they have been cured of for admission to the institution.
The earlier orders made by this Court have to be so understood. The applicants also are to be considered m the same manner according to the Government Notification.
No orders on these I.A.s are necessary in view of the order made by us today in I.A No.s 1 & 6 and the guide lines already issued by the Government".
4. The Supreme Court of India in its another order dated
8-9-1997 in IA No. 7-3 in WP (Civil) No. 1099/91 observed as follows :
"We fail to understand the purpose of the Intervention Application since no relief has been granted as set out in our order dt.25-4-97 which clarifies the earlier orders. The Office Report dated 11th of July 1997 also seems to be based on a misapprehension. There is· no need to circulate any order prior to the order of 25-4-1997. Since the order of 25-4-1997 clarifies all earlier orders including the order of 8-5-1995 and merely circulating one earlier order without the subsequent earlier orders might create a wrong impression".
5. All the Departments of Secretariat / Heads of Departments are
requested to keep in view of the above directions of the Supreme Court of India
while making appointments. They are also requested to bring these instructions
to the notice of all the Unit Officers under their control.
