Back
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....
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 impugned actions of the respondent-RPSC were found to be arbitrary and without valid authority in law, leading to the imposition of a cost on the respondent-RPSC in accordance with the provisions....
Rules of 2011 exempt any Government establishment from filling up vacancy by appointing persons suffering from benchmark disabilities.
The main legal point established in the judgment is that the stipulation in the recruitment rules requiring a candidate to qualify the typing test with a speed of 5000 KDPH must be read down to mean ....
The judgment emphasizes the statutory provisions and government orders governing age relaxation, grace marks, and reservation for PwDs, and directs the respondents to work out backlog vacancies and p....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
