High Court admits plea on reservation for mentally challenged in Aerocity

The petitioner has been suffering from mental illness since 1985 and is undergoing treatment at PGIMER,Chandigarh,could not apply under the reserve categories due to the anomaly in the policy and the advertisement and had to apply in the general category.

“This relief shall be provided to all the similar situated persons and also to earmark at least one seventh of the plots (category wise) exclusively for the mentally ill persons (out of the three percent plots collectively reserved for physically handicapped/ blind persons) for which the authorities have invited applications in the Aero City,Mohali and for grant of any other relief,” Bains demanded. The petitioner has demanded separate reservation for mentally ill persons other than the reservation already prescribed for physically disabled persons.

Notice to PGI director,CAT
The Punjab and Haryana High Court has issued notices to Dr K K Talwar,Director,PGI and the Central Administrative Tribunal (CAT),Chandigarh,on a petition demanding the removal of Talwar from the post of Director,PGIMER. Notices have been issued on a petition filed by Dr Rohtas Kanwar Yadav,a resident of Rohtak.

The petitioner has also challenged the order dated May 26 wherein the CAT had ordered that PGI Director Dr K K Talwar will no longer be the Head of Department (HOD) of the Cardiology Department at PGI. However,the CAT had ordered that Talwar will continue to serve as the Director,PGI.

The Tribunal had passed the orders on a petition filed by Dr Rohtas who had challenged Talwar’s extension as Director,PGI. In its judgment the Tribunal had ruled that there is a procedural irregularity in processing the matter of extension given to Dr. Talwar up to 65 years but since “there is no illegality in the process,therefore,this extension cannot be quashed and set aside”.

The Tribunal had directed the Central Government and PGI authorities to re-advertise the post of Head of Department (HOD) Cardiology and to complete the process of selection preferably within a period of six months. Till then Dr. Talwar was allowed to remain HOD of Cardiology. Arguing on behalf of the petitioner,Advocate Puneet Bali contended that re-appointment of Talwar as the Director of the PGI was completely illegal,unlawful and unjust. Bali also demanded that the post of Director should be filled immediately keeping in view the candidates who had applied for the post.

CAT in its order had stated that for future the Central Government and PGI authorities are directed to strictly adhere to the prevalent practice of inviting nominations from the various institutes in future for the post of Director,PGIMER or they should adopt proper procedure of inviting applications from the eligible candidates through proper channel by giving wide publicity in the reputed newspapers to invite maximum talent to the institute of the national fame.

“Though there is a procedural irregularity in processing the matter to the Central government for extension to be given to Dr Talwar,we are of the considered view that the end of justice would not be achieved by quashing and setting aside the extension given to Dr Talwar on procedural technicalities depriving the institute of an eminent and experienced director already running the institute and in the view of the public interest,the process of selection is time consuming and same would take sufficient time and institute cannot be kept without a directors for a long period. Therefore,instead of quashing of order of extension given to Dr Talwar,we dispose of case with some directions,” the Tribunal had held.

CHB fined Rs 10,000 for denying plot to slumdweller
The Punjab and Haryana High Court has slapped a penalty of Rs 10,000 on the Chandigarh Housing Board (CHB) for filing a frivolous petition. Justice Mahesh Grover took a strong note of the frivolous petition filed by the CHB wherein it deprived a house to be allotted under the rehabilitation scheme to a slumdweller. Rather than providing a house,the CHB took the plea that since the owner’s name was not mentioned in the voter list,a house could not be allotted to him. Terming the petition as frivolous,the High Court has slapped a penalty of Rs 10,000 on the Housing Board.