National Platform For The Rights Of The Disabled (Nprd) v. Department Of Empowerment Of Persons With Disabilities

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ WP ( C ) 9751/2015 NATIONAL PLATFORM FOR THE RIGHTS OF THE DISABLED (NPRD) .....Petitioner Through : Mr. Subhash Chandran K. R.,Adv.

Versus

DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES .....Respondent Through : Ms. Akshay Makhija, CGSC with Ms. Sanjugeeta Moktan and Ms. Mahima Bahl, Advocates.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

25.07.2015 1.

The present petition has been filed under Article 226 of the Constitution of India in larger public interest seeking directions to the respondent to frame a fair selection guidelines for selecting candidates to participate in the Global IT Challenge for Youth with Disabilities and other National and International Events in compliance with the equality clause enshrined in Article 14 of the Constitution of India. 2.

It is pleaded in the writ petition that a four member delegation comprising one each from visual, hearing, physical and intellectual disability was sponsored by the Ministry of Social Justice and Empowerment, Department of Empowerment of Persons with Disabilities to participate in the "2015 Global IT Challenge for Youth with

Disabilities (GITC)" held in Jakarta, Indonesia from 25th to 29th October, 2015. It is alleged that the selection process lacked transparency and that all the selected candidates were recommended from the same Delhi based institution.

3.

It is also contended that the selection of the four candidates to participate in GITC was arbitrary as no circular or notification was issued to all the eligible candidates and thus depriving them an opportunity to participate.

4.

In response to the notice ordered by us on 14.10.2015, a counter affidavit has been filed on behalf of respondent / Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment stating as under:

"8.

That with a view to achieve empanelment of prospective participants to future events the Department has evolved a mechanism as under:

 All the States and UTs have been requested to nominate two participants in each category vide letter dated 31st December 2015. They have been advised to consider conducting State level competitions while submitting nominations involving NGO's and other agencies if required while sending their nominations by 31st March 2016. Copy of the letter sent to the States/UTs in this regard is at annexure R I.

 Nominations from National Institute have also been invited.

 After receiving two nominations each from the States/UTs, the Department proposes to hold a national level competition through one of the premier National level Institute of Engineering.  On the basis of national level completion among the State nominated candidates, nominations to

represent India in the Global IT Competition 2016 will be finalised in each of the four categories of disabilities namely visual, hearing, and locomotor and developmental disabilities."

5.

Having regard to the steps that have already been taken by the Department regarding the empanelment of participants to future events, the learned counsel for the petitioner states that no further adjudication is necessary in the petition.

6.

Accordingly, the writ petition is disposed of. CHIEF JUSTICE SANGITA DHINGRA SEHGAL J.

JULY 25, 2016 pmc/gr