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TMI Blog2017 (1) TMI 1835X X X X Extracts X X X X X X X X Extracts X X X X ..... er admittedly was searching for his bread and butter, and he was not in the equal footing with the NBCC for negotiation. He was offered the appointment letter with that condition, and he had no option but to accept the same, otherwise the only consequence that was to follow, was that the petitioner, who is a visually handicapped (partially blind) person, had to loose his job. The NBCC is a 'State' within the meaning of Article-12 of the Constitution of India, and it was not expected from it to impose such arbitrary and unreasonable conditions, unless it is the case of the NBCC, that it is the normal practice in the NBCC that all the Sr. Stenographers are required to pass the proficiency tests in shorthand and typing in both the lang ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Stenographer was Graduate with speed in English or Hindi shorthand 110 / 100 w.p.m. respectively and typing speed computer 50 / 40 w.p.m. respectively. In other words, the candidates knowing Hindi shorthand were required to have the speed of 100 w.p.m. and the typing speed of computer on 40 w.p.m. The petitioner, being visually handicapped (partially blind), applied for the same and it is an admitted case that the skill test of the petitioner was taken for Hindi shorthand and typing, in which, he passed and he was also selected in the interview and offer of appointment was given to him on 16.1.2008, which has been brought as Annexure-3 to the writ application. In the said offer of appointment, there was a condition imposed in Paragraph-16, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h has been brought on record as Annexure-7 to the writ application. The petitioner was directed to be reinstated in service forthwith and be deemed to be continuing in the same condition as he was continuing prior to his termination order. However, it was also directed that the period of probation shall continue so long, as the petitioner failed to clear the proficiency test in English shorthand and typing. The petitioner was not found to be entitled to get any increment and promotion in future until he passed the proficiency test in English shorthand and typing. Being aggrieved by that part of the order of the Central Administrative Tribunal, the petitioner has approached this Court under Article 226 of the Constitution of India. 5. Learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... glish shorthand and typing and a condition was imposed upon him to pass the proficiency test in Hindi shorthand and typing and his services were also terminated, the Central Administrative Tribunal, quashed the termination order as also the condition in the offer of appointment, requiring the said candidate to pass the proficiency test in Hindi shorthand and typing. The NBCC challenged the order of the Central Administrative Tribunal by filing the aforesaid writ application in the Delhi High Court, which was dismissed by the Delhi High Court. Pursuant to the said order, the respondent in the said writ application, Moala Jamir, has been declared to have successfully completed the period of probation, by an order dated 26.10.1016, issued by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n other language also, and in any event, no objection was raised by the petitioner with respect thereto at the time of his joining. Learned counsel has further submitted that in obedience to the orders, passed by the Central Administrative Tribunal, the petitioner has already been taken in the services, but he has to remain in probation period, until he clears the proficiency test in English shorthand and typing as well. 9. Having heard learned counsels for both the sides and upon going through the record, we find that the advertisement, that was issued by the respondent NBCC for the post of Senior Stenographer, prescribed the qualification to be Graduate with the speed in English or (not and) Hindi Shorthand 110 / 100 w.p.m. respectively a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the only consequence that was to follow, was that the petitioner, who is a visually handicapped (partially blind) person, had to loose his job. The NBCC is a 'State' within the meaning of Article-12 of the Constitution of India, and it was not expected from it to impose such arbitrary and unreasonable conditions, unless it is the case of the NBCC, that it is the normal practice in the NBCC that all the Sr. Stenographers are required to pass the proficiency tests in shorthand and typing in both the languages, which fact is neither pleaded nor argued. Indeed, it appears that this was not the pleading of the respondent NBCC even in W.P.(C) No. 1583 of 2015 [National Buildings Construction Corporation Ltd. Vs. Moala Jamir] decided by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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