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KRISHNA S. DIXIT, C. M. JOSHI
State Of Karnataka, Reptd. by Its Prl. Secretary To Govt. , Department Of School Education & Literacy – Appellant
Versus
Ms. Latha H. N. , D/o. Nagaraju, W/o. Venkatesh T. S. – Respondent
ORDER :
(Krishna S. Dixit, J.)
The State and its Officers are knocking at the doors of Writ Court for assailing the State Administration Tribunal’s order dated 21.12.2023 whereby Application No. 3400/2023 filed by the Respondent (a member of Scheduled caste and absolutely blind) having been favoured, relief has been accorded to her as under:
1. The endorsement dated 4-07-2023 as at Annexure A5 rejecting the candidature of the Applicant is quashed.
2. The selection of the Applicant in the final select list of 8-03-2023 as at Annexure A4 is correct, proper and lawful.
3. The appointment authority in the first respondent department shall consider the applicant for appointment with regard to the selection in the select list of 8-03-2023. if she is otherwise eligible for appointment. Time for compliance is three months from the date of this order .
4. The fifth respondent institution shall pay costs of this Application to the applicant of Rs.10,000/-(rupees Ten Thousand) only within one month from the date of this order.”
2. The short question very effectively argued by the learned HCGP
Blind candidates can compete for positions reserved for low vision candidates if they can perform the required duties, promoting inclusivity in employment.
Court upheld the prerogative of the appropriate government in reserving posts for disabled candidates as per the Act, asserting that judicial intervention in recruitment processes must be limited and....
Employment and Service matter - Post of Lecturer - Appointment of - Court direct Respondents shall consider case of petitioner, in terms of observations made hereinabove, for engagement/ appointment ....
The court held that candidates applying in the general category cannot claim reserved posts for blind candidates, as interchanging categories is not permissible under the reservation policy.
Reservations for physically handicapped candidates are horizontal reservations and do not mandate the preparation of a separate category with declared cut off marks.
Horizontal reservations for persons with disabilities allow candidates to be assessed based on their qualifications, irrespective of vertical category cut-offs.
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