Uttarakhand High Court Orders PSC To Allow Candidate With Benchmark Disability In Both Legs To Sit For Revenue Inspector Exam

The Uttarakhand High Court has ordered the State Public Service Commission to accept application from a person suffering from benchmark disability in both the legs for the Executive Officer and Tax & Revenue Inspector Examination-2023.

A Single Bench of Justice Pankaj Purohit was hearing a writ petition filed by a person named Rajesh Kumar who challenged the advertisements dated 28.08.2023 and 08.09.2023 issued by the Commission.

The main ground for the challenge 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 (both Legs) and BA category (both Arms).

Abhijay Negi, counsel for the petitioner referred to Sections 33 and 34 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.

By virtue of Section 34 of the said Act, 1% reservation is required to 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 was submitted on behalf of the petitioner that in the advertisements, reservation was only given to O.A., O.L., C.P., L.C., A.A.V./A.V., Dw. and no reservation was earmarked for B.L. category persons.

Thus, it was argued that non-identification of posts for the B.L. category candidates is an affront to the 2016 Act as well as a violation of Articles 14 and 16 of the Constitution.

Ashish Joshi, counsel appearing for the Commission stated that the posts were advertised on the basis of requisition sent by the government. B.S. Koranga, counsel for the State could not explain as to why B.L. category candidates have been deprived of the reservation.

Consequently, the Court 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.

Case Title: Rajesh Kumar v. State of Uttarakhand & Anr.

Case No.: WPSS No. 2051 of 2023

Date of Order: November 20, 2023

Counsel for the Petitioner: Abhijay Negi & Snigdha Tiwari, Advocates

Counsel for the Respondents: Ashish Joshi, Advocate for the Commission & B.S. Koranga for the State

Click Here To Read/Download Order