The Uttarakhand High Court in the case Rajesh Kumar v. State of Uttarakhand and Anr. observed and has ordered the State Public Service Commission for accepting the application from the person suffering from benchmark disability in both the legs for the Executive Officer and Tax and Revenue Inspector Examination-2023.
The single bench headed by Justice Pankaj Purohit in the case was hearing the writ plea moved by a person named Rajesh Kumar who challenged the advertisements dated August 28, 2023 and September 08, 2023 which is issued by the Commission.
The court observed that in the case the main ground of challenged was that while issuing advertisements, the Commission has failed to earmark reservation for the persons suffering from benchmark disability of the locomotor disability meant for the BL, the both Legs and the BA category, both Arms.
The counsel, Abhijay Negi appearing for the petitioner referred to section 33 and section 44 of the Rights of Persons with Disabilities Act, 2016 whereby the appropriate government has been made duty bound to identify posts for providing reservation to persons with benchmark disabilities.
The court stated that as per section 34 of the said Act, 1% reservation is being required to be made available to the persons with benchmark disability of locomotor disability which includes the cerebral palsy, leprosy cured, dwarfism, acid attack, vitamins and muscular dystrophy. It was also submitted before the court on behalf of the petitioner that in the advertisements, the reservation was only given to the O.A., O.L., C.P., L.C., A.A.V./A.V., Dw. and no such reservation was earmarked for B.L. category persons.
It was argued before the court that the non-identification of posts for the B.L. category candidates is an affront to the 2016 Act as well as the violation of Articles 14 and 16 of the Constitution of India.
The counsel, Ashish Joshi appearing for the Commission stated that the posts were advertised on the basis of requisition which is sent by the government.
The counsel, B.S. Koranga appearing for the State could not explain as to why B.L. category candidates have been deprived of the said reservation.
The court while considering the facts and circumstances of the case ordered the Commission to allow the petitioner to take part in the selection process for the aforesaid post and the petitioner was directed to submit his application to the Commission within seven days.
The counsel, Advocates Abhijay Negi and Snigdha Tiwari appeared for the petitioner. The counsel, Advocate Ashish Joshi for the Commission and B.S. Koranga represented the State