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2021 Supreme(Pat) 1158

CHAKRADHARI SHARAN SINGH
Lalit Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: M/s S.D. Sanjay, Sr. Adv., Parul Prasad, Priya Gupta, Mohit Agrawal.
For the State : Mr.N.H. Khan (SC 1)
For the B.P.S.C. : M/s Lalit Kishore, Sr. Adv., Sanjay Pandey.

Chakradhari Sharan Singh, J.—This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

2. Sub-Section 1 of Section 34 of the Rights of Persons with Disabilities Act, 2016 (in short Act) obligates every appropriate Government within the meaning of Section 2(b) of the Act to appoint in every Government establishment, not less than 4% of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, 1% each shall be reserved for persons with benchmark disabilities under Clauses (a), (b) and (c) and 1% for persons with benchmark disabilities under Clauses (d) and (e). The nature of disabilities in Clauses (a) to (e), as referred to in Sub- Section 34, are as under:—

“(a) blindness and low vision;

(b) deaf and hard of hearing;

(c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy;

(d) autism, intellectual disability, specific learning disability and mental illness;

(e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness in the posts identified for each disabilities:

Provided

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