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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 :
MRUGANKA SEKHAR SAHOO, J.
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.
In the writ petition, the petitioner had sought for direction from this Court to be appointed as Assistant Agriculture Engineers in Group-B pursuant to the advertisement No.2 of 2019-20 issued by the appellant- Commission inviting online applications. The advertisement was pursuant to the requisition filed by the Agriculture & Farmers Empowerment Department, Government of Odisha. The learned Single Judge after considering the writ petition and the counter filed by the opposite party-Commission allowed the writ petition. The operative portions of the judgment which are relevant for adjudication are reproduced herein:
“23. From the pleadings of the parties, so also submissions made by the learned Counsel for the parties and the documents on recor
Eligibility for appointment in reserved categories depends on the specific nature of disability as defined by law, not merely on the candidate's performance.
Reservation under the Persons with Disabilities Act is constitutionally mandated and cannot be denied due to post identification lapses; violations warrant legal remedy.
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....
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