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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Vikram – Appellant
Versus
State Of Haryana – Respondent
| Table of Content |
|---|
| 1. challenge to recruitment advertisement limits. (Para 2 , 3 , 5) |
| 2. claims based on eligibility under legislative provisions. (Para 6 , 7) |
| 3. estoppel principles in recruitment context. (Para 10 , 18 , 26) |
| 4. court mandates compliance with laws for equal opportunity. (Para 28) |
| 5. final order for consideration of eligible petitioners. (Para 29 , 31) |
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 130
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....
No interference in concluded merit-based selection process absent proven violation of reservation policy or arbitrariness.
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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