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2013 Supreme(Bom) 2120

B.R.GAVAI, Z.A.HAQ
Jyoti D/O Mahadeorao Wankhede – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
In W.P. No. 523 of 2013:
For petitioner: F.T. Mirza
For respondent No. 1: D.P. Thakre, AGP
For respondent Nos. 2 to 4: S.N. Kumar
In W.P. No. 749 of 2013:
For petitioners: S.N. Kumar
For respondent No. 1: D.P. Thakre, AGP
For respondent No. 2: F.T. Mirza

Judgment

Z.A. HAQ, J.

1. Rule. Rule made returnable forthwith.

2. This is a case of denial of the employment to the petitioner, who is physically challenged person by the State Bank of India which is a State within the meaning of Article 12 of the Constitution of India and thereby frustrating the mandate of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as ‘Act of 1995’)

3. The petitioner belongs to “Bhoi”, Other Backward Class and is suffering physical disability of Diparesic of both upper limbs with Kyphoscoliotic deformity PL spine and has 60% permanent impairment. A certificate to this effect was issued by the General Hospital, Amravati on 22-3-2007. The petitioner has obtained the degree of B. Com. and has completed the certificate course in Information Technology recognized by the Maharashtra State-MSCIT.

4. State Bank of India had issued an advertisement for the posts of Bank Clerk (Assistant) wherein 20000 posts were advertised all over the country, out of which, 2980 posts were for State of Maharashtra. The petitioner has stated that as per section 33 of the Act of 1995, 29 posts were reserved
































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