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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Kanakalta Sahu – Appellant
Versus
Paradip Port Trust – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to non-issuance of appointment. (Para 1 , 2) |
| 2. arguments for equitable appointment under pwd category. (Para 3 , 4) |
| 3. court's analysis on recruitment discrepancies. (Para 5 , 6 , 7 , 9 , 11 , 13 , 14) |
| 4. legal precedent against further classification in pwd appointments. (Para 8 , 10 , 12) |
| 5. court's directive to reconsider appointments and eliminate sub-categorization. (Para 16 , 17 , 18 , 19) |
JUDGMENT :
Dr. S.K. Panigrahi, J.
1. The Petitioner, through this Writ Petition, challenges the actions of the Opposite Parties in failing to issue the appointment order in favour of the Petitioner, despite her selection for the post of Jr. Assistant, which constitutes violation of the Rights of Persons with Disabilities Act, 2016 and the directives of Supreme Court issued pursuant thereto.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) Paradip Port Trust (hereinafter “PPT”)which is an autonomous body under the Ministry of Shipping, Government of India, invited applications for filling up backlog vacancies in an advertisement dated 22.06.2017 special recruitment drive for the persons who are physical disability (PwDs). The P
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 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....
The reservation for Persons with Disabilities must apply from the start of the selection process, ensuring fair competition among candidates within the reserved category.
The main legal point established in the judgment is that the reservation for PWD candidates is horizontal and candidates must be appointed against vacancies exclusively earmarked for them.
Vacancies for persons with disabilities must be filled following statutory procedures defined in the Rights of Persons with Disabilities Act, ensuring compliance with initial advertisement criteria a....
Reservation under the Persons with Disabilities Act is constitutionally mandated and cannot be denied due to post identification lapses; violations warrant legal remedy.
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....
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