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2024 Supreme(Raj) 1394
HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
SAMEER JAIN, J.
Vikash Choudhary, S/o. Harfool Choudhary - Petitioner
Versus
The State Of Rajasthan, Through Its Principal Secretary, Department Of Secondary Education, Government Of Rajasthan and Ors. – Respondents
S.B. Civil Writ Petition No. 17504 Of 2024
Decided On : 04-12-2024
For the Petitioner: Mr. Harendar Neel with Ms. Rajbala.
For the Respondents: Mr. B.S. Chhaba, AAG, Mr. M.F. Baig for RPSC.
IMPORTANT POINT
The court affirmed that spinal deformity is a recognized disability under the Rights of Persons with Disabilities Act, ensuring compliance with relevant notifications for job reservations.
Headnote:
(A) Rights of Persons with Disabilities Act, 2016 - Section 33 - Non-compliance with notification dated 24.08.2022 regarding identification of posts for physically disabled candidates - Petitioner, suffering from spinal deformity, was not considered for the post of School Lecturer despite the notification recognizing the disability - Court directed respondents to rectify the advertisement to include the petitioner in the reservation category. (Paras 15, 16)
Facts of the case:
The petitioner applied for the post of School Lecturer under the Locomotor Disabled Category but was not considered due to the non-inclusion of spinal deformity in the advertisement.
Findings of Court:
The court found that the spinal deformity is recognized under the Act and directed the respondents to consider the petitioner's candidature accordingly.
Issues: The main issue was whether the spinal deformity should be recognized for the purpose of reservation in the advertised post.
Ratio Decidendi: The court ruled that the notification and provisions of the Act must be adhered to, ensuring that the petitioner's disability is recognized for the post in question.
Result: Petition allowed, and respondents directed to consider the petitioner's candidature.
ORDER :
(Sameer Jain, J.)
1. The present petition is filed under Article 226 of the Constitution of India, assailing the actions of the respondents whereby they have not identified the post of School Lecturer for Physically Disabled Candidates, which is non-compliance of the notification dated 24.08.2022 issued by Central Government.
2. The nitty-gritty of the instant matter is that an advertisement dated 25.10.2024 (Annexure-1) was issued by the respondents inviting applications for the post of School Lecturer (Geography) under Rajasthan Education (State and Subordinate) Service Rules, 2021. The petitioner being disabled applied for the said post under the Locomotor Disabled Category however, candidature of the petitioner for the said post was not considered under the said category.
3. At this juncture, learned counsel for the petitioner has submitted that the total number of posts advertised for the said post for Locomotor Disability/ Cerebral Palsy Category were five in number. It is further submitted that the petitioner is suffering from Spinal Deformity/ Spinal Injury disability.
4. Moreover, in the advertisement said post was reserved for the specific LD/CP disabled candidates, since the said disability of the petitioner is not reflected in the impugned advertisement therefore, the petitioner could not apply in the said sub-category.
5. Nevertheless, the respondent authorities have not considered the notification dated 24.08.2022 issued by Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, whereby exercising the powers conferred upon by the Section 33 of the Rights of Persons with Disabilities Act, 2016, the Central Government made the amendment in the notification dated 04.01.2021 and incorporated the separate sub-category i.e., Spinal Deformity/ Spinal Injury without any associated neurological/limb dysfunction under the Locomotor Disability (Annexure-5). The said amendment via Note 10 is reiterated as below: -
“Note 10: A separate sub category i.e. Spinal Deformity (SD) and Spinal Injury (SI) without any associated neurological/limb dysfunction shall be incorporated under Locomotor Disability in addition to OA, OL, BA, BL, OAL, BLOA and BLA. Thus, all the posts identified in the list stands identified suitable for persons with SD/SI without neurological/limb dysfunction. Persons with SD/SI with associated limb dysfunction shall be covered under the respective sub category such as OA, OL, BA, BL, OAL, BLOA and BLA, as the case may be.”
6. Subsequently, an office memorandum dated 07.09.2022 was passed by the Department of Empowerment of Persons with Disabilities, wherein it was stated that all the posts identified in the list stands suitable for persons in SD/SI disability (Annexure-6). The relevant portion is reiterated as below: -
“3. As per the notification dated 29.08.2022, it has now been mandated that a separate sub category i.e. Spinal Deformity (SD) and Spinal Injury (SI) without any associated neurological/limb dysfunction shall be incorporated under Locomotor Disability in addition to OA, OL, BA, BL, OAL, BLOA and BLA. Thus, all the posts identified in the list stands identified suitable for persons with SD/SI without neurological/limb dysfunction.”
7. Lastly, while placing reliance upon the dictum encapsulated in the judgment dated 17.01.2024 passed by this Court in S.B. Civil Writ Petition No. 9974/2023 titled as Shalini Savita vs. State of Rajasthan & Ors., it is submitted that on akin factual narrations the spinal deformity was recognized as one of the physical disabilities, and State qua the same was directed to provide the necessary benefits to the concerned persons. Therefore, respondent authorities have not complied with the said judgment and rejected the candidature of the petitioner for the said post.
8. In light of the above mentioned, learned counsel has submitted that overlooking the spinal deformity/injury, of the petitioner and rejecting the candidature of t
