The Uttarakhand High Court has permitted the petitioner having Benchmark Disability In Both Legs to participate in the on-going selection process of the Executive Officer and Tax & Revenue Inspector Examination-2023 conducted by the State Public Service Commission examination.
A Single Bench of Justice Pankaj Purohit heard a petition on November 20 challenging the advertisements dated 28.08.2023 and 08.09.2023 issued by the Commission.
The main ground on the basis of which the petitioner has thrown challenge is that the Commission while issuing advertisements has not earmarked the reservation for the persons suffering from bench mark disability of the locomotor disability meant for the BL (both Legs) and BA category (both Arms).
The attention of the Court is drawn to Section 33 and 34 of the Rights of Persons with Disabilities Act, 2016 wherein it has been provided that the identification of the post for reservation shall be made by the appropriate Government i.e. in this case by the State Government and by virtue of Section 34 of the said Act 1% reservation shall be made available to the persons with benchmark disability of locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack, vitamins and muscular dystrophy.
It is argued by the counsel for the petitioner that from the impugned advertisements only this much is demonstrated that for the post for which the petitioner wish to apply reservation was given to O.A., O.L, C.P., L.C., A.A.V./A.V., Dw. and not for the B.L. According to him this is discriminatory and in violation of the provisions of the Act of 2016 as well as the provisions of Article 14 and 16 of the Constitution of India.
Ashish Joshi, counsel for the Commission has stated that advertisement was issued in accordance with requisition sent by the State Government and accordingly, the reservation was given to the persons with benchmark disability .
Brief Holder for the State could not explain as to why the person with benchmark disability of locomotor i.e. B.L., to which the petitioner belongs, have been deprived of reservation in the aforesaid selection.
“In this view of the matter, respondent no.2- Commission is directed to permit the petitioner to participate in the on-going selection process pursuant to impugned advertisements. The petitioner shall submit his application forms offline to the Commission within seven days from today”, the order reads.
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