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IN THE HIGH COURT OF ORISSA AT CUTTACK
MANASH RANJAN PATHAK, MRUGANKA SEKHAR SAHOO
Odisha Public Service Commission – Appellant
Versus
Biswajit Panda – Respondent
| Table of Content |
|---|
| 1. eligibility determination and posts for pwd (Para 2 , 3 , 4) |
| 2. government's discretion in identification of pwd categories (Para 10 , 11) |
| 3. judicial review limitations and eligibility requirements (Para 14 , 26) |
JUDGMENT :
The appellant-Odisha Public Service Commission being aggrieved by the judgment dated 01.05.2023 passed in W.P. (C) No.10399 of 2020 by the learned Single Judge have filed the appeal.
“23. From the pleadings of the parties, so also submissions made by the learned Counsel for the parties and the documents on record, as detailed above, it is amply clear that the Petitioner was eligible to apply for the post of Assistant Agriculture Engineer (Group-B) in terms of the advertisement No.02 of 2019-20. Though rightly the OPSC entertained the candidature of the Petitioner under PwD category and he was allowed to appear the Written Examination, the reason best known to the authority concerned, he was not called for the viva voce test. The Coordinate Bench, in W.P.(C) No.3377 of 2020, as an interim, rightly ordered to allow the Petitioner to appear in the Viva Voce Test. Though the said Writ Petition was finally disposed of on 26.02.2022 with an observation
Eligibility for appointment in reserved categories depends on the specific nature of disability as defined by law, not merely on the candidate's performance.
The Court emphasized that physically disabled individuals constitute a unique category entitled to equal treatment without further classification such as caste or religion, mandating adherence to mer....
The court determined that candidates with disabilities must not be discriminated against based on arbitrary restrictions in employment advertisements, affirming the right to equal opportunity under t....
Disability – 3% reservation is to be in an establishment and not in all cadres of an establishment irrespective of nature of job.
The Act mandates that only individuals with permanent disabilities meet the benchmark for reservation in employment, excluding those with temporary disabilities from eligibility.
The central legal point established in the judgment is the interpretation and application of Section 33 of the Persons with Disabilities Act, 1995, regarding the reservation of posts for physically c....
Reservation under the 2016 Act must be computed against total cadre vacancies; post-identification is for appointments, not for computing the 3%/4% reservation, and backlog vacancies may be utilized ....
The main legal point established in the judgment is the failure of the Union of India to implement the provisions of the PWD Act, 1995, and the court's invocation of Article 142 of the Constitution o....
The petitioner, having participated in the selection process without protest, cannot challenge the same upon being declared unsuccessful. The reservation for PwD is a horizontal reservation, and cand....
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