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 the law.

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 application under PWD Category. In the application form, they pointed that they are physically handicap. The respondent conducted written test on 14.11.2021. Final result, after scrutiny of documents, was declared on 14.05.2022. The name of the petitioners did not figure in the list of successful candidates.

5. As per respondent, candidature of the petitioners has been rejected on the ground that posts reserved for PWD Category were earmarked for 'deaf and hard of hearing' persons. The petitioners are neither deaf nor hard of hearing, thus, despite being PWD, are not eligible for the posts.

6. A battery of Lawyers addressed arguments on behalf of the petitioners. They pleaded that Government of India in terms of provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 , (for short '1995 Act') has identified posts which may be held by persons with disabilities. The Government of India vide notification dated 29.07.2013 has notified posts, physical requirements, categories of disabled suitable for the job, nature of job and working conditions. The post of Assistant Lineman is notified at Serial No.1475. As per said notification, persons with disability of loss of one leg and hard of hearing are eligible for the post of Assistant Lineman. The respondent has confined reservation for persons with disability of hearing. As per notification issued by Government of India, persons with disability of one leg are also eligible. The State Government vide instructions dated 17.04.2017 has adopted notification dated 29.07.2013 issued by Government of India. As the State Government has adopted notification issued by Government of India, there is no reason to confine reservation for persons with disability of hearing. The Government has further appointed persons with disability of one leg in the selection process of 2023. The respondent had also made similar appointments in 2008. The respondent has arbitrarily denied benefit of reservation to persons with disabilities other than hearing.

7. Per contra, learned counsel for the respondent submits that as per proviso to Section 33 of 1995 Act, an establishment of Government may be exempted from applicability of the Act. The respondent- UHBVNL vide letter dated 19.01.2006 requested Social Justice and Empowerment Department to grant exemption in terms of of 1995 Act. The Social Justice and Empowerment Dep