I am currently working as Auditor in one of the central govt. departments. I am visually challenged and belong to low vision category. I cant see through left eye but there is vision in my right eye (6/24) In 2016 the department allowed intake candidates who belonged to low vision through entrance exam . I was selected in same. However, from next year onward the physical requirements were changed and low vision and blind candidates were ineligible to give the exam. Once joined as auditor after completing probation period, all would be eligible to give SAS exam(departmental exam) to get promoted to AAO. However, as per the modified physical requirements(in 2019) similar to as mentioned above, candidates belonging to low vision and blind category are not eligible to become AAO. It may be noted that the duties for Auditor and AAO are exactly the same. My first question is that when I gave the exam I was selected for the post of auditor the am performing roles and responsibilities as a normal candidate would do. Moreover, as per the Handicapped certificate given by district hospital, I can SE- See and RW:- Read and write. I am aggrieved by the fact that department has decided physical requirements. I am satisfying those requirements. then why am I not eligible to give SAS exam. There are several categories of low vision and I belong to the least one(40%). I can read 3 lines of snellen's chart which is kept 6 meters away. How does the department decide that I cannot meet the requirements when they themselves felt that I was eligible for Auditor post in 2016 with same roles and responsibilities. Please help
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- You have merit case.
- Once selected for a particular post, you can definitely eligible for promotions until there are valid grounds to deny the same. It seems it is not valid as you are stating role of Auditor and AAO are exactly the same. .
- You have to challenge the same in HC and you will get order to appear in exam.
Hello,
You will have to challenge the modified conditions(introduced in 2019) which bar low vision category candidates like you from sitting in the SAS exam; as the same are arbitrary and have no rationale behind them.
The parameters determined by the Govt. behind introducing the modified conditions appear to be unscientific, and it is for this reason, candidates like you who are fully capable to discharge duties and functions in the post of AAO have become non eligible for the post.
You need to challenge these modified conditions in the High Court as unjust, arbitrary and discriminatory.
File application before CAT against govt decision not to permit you to appear for AAO for promotion
take the plea that you were appointed as auditor on basis of exams and you should be permitted to appear for departmental examination
Was your application rejected when you applied for it quoting the latest amendments to the rules of recruitment?
In that case you can challenge the same before high court by filing a writ petition giving all the documentary evidences in the petition where you have vented out your grievances seeking justice.
Dear Sir,
1) File Application before CAT against the decision of the administration to not allow you to appear in the AAO examination.
2) File application in the State Commissioner for Persons with Disabilities against the discriminatory physical qualifications requirements that the administration has notified, as you have mentioned duties for Auditor and AAO are exactly the same. Then you can mention same in your complaint.
Thank you
Dear Sir,
You have a merited case and you can get justice if you approach High Court or Service Tribunal.
Injustice is meted to you and all of your category. Condition/rules/eligibility criteria/conditions of promotions/service cannot be changed to the their disadvantages. New rules can be laid down for new entrants not for those already employed. File a writ in High Court against the freshly laid down restrictions. You will succeed.
The rules were changed after youbgot selected and hence they shouldn't apply to you. If they deny to you the next departmental exam, your future promotion prospects would get doomed. Therefore you should file a claim petition in the CAT ie central administrative tribunal.
- Since, you being a visually challenged already selected in the exam and performing the given duty , then there cannot be a new rule for the exam for AAO .
- You should file a complaint with the departmental head and the selection committee , and further ask the reason for rejecting your candidature .
- If , no response then approach CAT for getting justice .
Immediately file a Writ Petition in the High Court to challenge this as this is violative of Articles 14 and 21 of the Constitution of India.
1. If you satisfy the bench mark set by your department in connection with physical requirement to sit for the departmental examination for the post of AAO, then you can not be legally restrained from appeating for the said examination.
2. File an O.A. before your local Central Administrative Tribunal (CAT) seeking relief.
