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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S. Karnik, Ashwin D. Bhobe
Shabana Rashid Pinjari – Appellant
Versus
Maharashtra Public Service Commission, Through its Chairman – Respondent
JUDGMENT :
(ASHWIN D. BHOBE, J)
1. Rule. Rule is made returnable forthwith and by consent of the Advocates representing the respective parties, petition is taken up for final hearing.
2. Petitioner, battling and surmounting debility against visual impairment (100% blindness), has filed the present Petition invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.
Factual Matrix :
3. Respondent published an advertisement No.01/2023 dated 20.01.2023, inviting online registration of applications from eligible candidates for the Maharashtra Subordinate Group-B and Group-C Services Combined Preliminary Examination-2023 (“said advertisement”). Supplementary advertisement bearing Advertisement No. 111/2023 was published on 13.10.2023
4. In response to the said advertisement, Petitioner being 100% permanently visually impaired (blind), on 30.01.2023 applied for the post of Clerk-Typist (Marathi – English)-2023 under the Person with Disability category .
5. Said advertisement, required candidates to submit preferences online for the appointing authority i.e. Administrative Department (Pradhikaran Vibhag)”. On account of her disability, Petitioner took as
The court emphasized that rigid adherence to recruitment rules without considering reasonable accommodation for individuals with disabilities violates their rights under the RPwD Act.
The principle of reasonable accommodation under the Rights of Persons with Disabilities Act mandates that all individuals with disabilities are entitled to employment opportunities without rigid adhe....
Reasonable accommodation under RPwD Act is mandatory prerequisite for assessing recruitment eligibility of persons with benchmark disabilities, requiring consideration of alternative qualification eq....
The central legal point established in the judgment is the obligation to treat persons with disabilities with sensitivity and flexibility in procedures, as mandated by the Rights of Persons with Disa....
The court ruled that visually impaired candidates are eligible for judicial service, striking down discriminatory rules and emphasizing the need for reasonable accommodation and separate cut-off mark....
The principle of reasonable accommodation requires that individuals with disabilities receive necessary support to ensure their equal participation in employment processes, regardless of procedural l....
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