Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Vikram – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Jagmohan Bansal, J.
As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-14773-2022.
2. There are five petitioners in this petition who under Articles 226/227 of the Constitution of India are seeking setting aside of Advertisement No.11/2019 (Category No.21) dated 25.07.2019 (Annexure P-1) to the extent posts of Assistant Lineman under Persons with Disability ('PWD') Category have been confined to deaf and to persons suffering from hard of hearing.
3. Haryana Staff Selection Commission-respondent No.2 vide advertisement dated 25.07.2019 invited applications for different posts with different Power Utilities of State of Haryana. The advertised posts included 1307 posts of Assistant Lineman with Uttar Haryana Bijli Vitran Nigam Limited ('UHBVNL'). The reservation policy was followed and as per the policy, 52 posts were reserved for deaf and for persons suffering from hard of hearing.
4. The petitioners are suffering from benchmark disabilities and fall under PWD Category. They pursuant to aforesaid advertisement filed ap
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....
The court ruled that candidates with disabilities must not be discriminated against based on their degree of disability, ensuring equal treatment in public employment.
Eligibility for appointment in reserved categories depends on the specific nature of disability as defined by law, not merely on the candidate's performance.
Point of Law : when an advertisement mentions a particular qualification and an appointment is made in disregard of the same, it is not a matter only between the appointing authority and the appointe....
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 established that additional minor disabilities should not disqualify candidates with 40% or more disability in one leg from public employment, reinforcing the principles of equality and non....
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....
Reservation of posts - Locomotor disability - The definition of locomotor disability as given in clause (o) of section 2 of Act, 1995 cannot be given a restrictive meaning than what is included in S.....
University of Kerala would not be justified in granting approval to the appointments granted by the 5th respondent when those appointments were clearly in violation to the provisions of law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
