Excelsior Correspondent
Srinagar, Feb 10: The High Court has sought information from the authorities for identifying the posts and notifying them for the purpose of reservation to disabled persons for selection process.
The Division Bench of Chief Justice Pankaj Mittal and Justice Ali Mohammad Magrey was hearing the PIL 02 regarding the dispute on advertisement Nos. 1 of 2020 dated 26.06.2020 and 2 of 2020 dated 06.07.2020.
The advertisements provide for reservation for Persons with Disability (PwD) as per the provisions of SO 127 dated 20.04.2020. It further provides that the disabilities permissible for Class-IV posts which have been advertised shall be notified separately in accordance with provisions of Section 34 of Rights of Persons with Disabilities Act 2016 in consultation with the indenting department.
“In the meantime, respondents are directed to conclude the exercise of identifying the posts and notify the disabilities permissible for the purposes of reservation to disabled persons before the selection process is over”, the DB directed.
The notification provides that posts may be declared suitable for additional disabilities as per the Act at any later date in consultation with the department. The argument put forth before the court is that no such separate notification has been issued till date providing for the disabilities permissible for Class-IV posts and the authorities have not identified suitable posts for providing reservations to the persons with disabilities which were said to be advertised separately.
On the other hand, the process of selection is going on. No selection can be done until and unless the disabilities permissible for Class-IV posts and posts suitable for additional disabilities are notified for the purposes of providing reservation to the persons with disabilities.
The Deputy Advocate General appearing for the respondents submitted that the process of identifying the disabilities permissible for reservation under above head is on and an expert committee has already been constituted.
“It may be that the respondents may have constituted a committee for notifying the suitable posts for the purposes of reservations to persons with disabilities but there is nothing to indicate that the respondents have taken any exercise to notify posts suitable for additional disabilities”, Court said.
DB directed the concerned to seek instructions from the Chief Secretary, Union Territory of Jammu and Kashmir and to file affidavit in this regard from the concerned Department within a period of one month so that both the aspects have to be considered simultaneously and that too before the selection process commences.
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