Indore bench of MP High Court has completed hearing arguments in the
case related to reservation for disabled candidates in government jobs.
Justice N K Mody has reserved the order.
He had earlier sought complete details of the appointments made by the state government and reservations given to disabled candidates. Secretary (Social Justice) provided the details in the final hearing on Thursday with break up of appointments and reservations in different class.
A petition was filed by Nilesh Singhal, a brilliant visually impaired candidate, who had cleared the MP PSC examination in 1998 but not called for interview.
He had filed a petition in 1999 for enforcement of the mandate of law known as ‘Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation’ Act 1995.
In an important decision on February 26, 2008, Justice JK Maheshwari had directed the state government to implement the mandate of the Act. The government was directed to identify the posts of the disabled including the posts of blind or low vision, hearing impairment or locomotor cerebral palsy and the benefit be made available to the candidates of such class in future employment as specified in Section 32 and 33 of the Act.
The court had further directed that until and unless any establishment is exempted by way of issuing a notification, the mandate of Section 32 and 33 of the Act be not flouted with by the authorities/officials in any manner and on violation of the same, they must be dealt with in accordance with the provisions of law.
The state government was directed to strictly adhere to the reservation to all three categories with the ratio of 1:1 in minimum or as observed by them in their own circular dated 31.3.2005, 2:2 for each class.
He had earlier sought complete details of the appointments made by the state government and reservations given to disabled candidates. Secretary (Social Justice) provided the details in the final hearing on Thursday with break up of appointments and reservations in different class.
A petition was filed by Nilesh Singhal, a brilliant visually impaired candidate, who had cleared the MP PSC examination in 1998 but not called for interview.
He had filed a petition in 1999 for enforcement of the mandate of law known as ‘Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation’ Act 1995.
In an important decision on February 26, 2008, Justice JK Maheshwari had directed the state government to implement the mandate of the Act. The government was directed to identify the posts of the disabled including the posts of blind or low vision, hearing impairment or locomotor cerebral palsy and the benefit be made available to the candidates of such class in future employment as specified in Section 32 and 33 of the Act.
The court had further directed that until and unless any establishment is exempted by way of issuing a notification, the mandate of Section 32 and 33 of the Act be not flouted with by the authorities/officials in any manner and on violation of the same, they must be dealt with in accordance with the provisions of law.
The state government was directed to strictly adhere to the reservation to all three categories with the ratio of 1:1 in minimum or as observed by them in their own circular dated 31.3.2005, 2:2 for each class.
Source : DNA , 2nd December 2013
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