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HIGH COURT OF UTTARAKHAND
MEERA PAPNAI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
Reserved Judgment
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 1221 of 2022 (S/S)
Meera Papnai and Others ….....Petitioners
Versus
State of Uttarakhand and Others ….….Respondents
Present:-
Mr. Vinay Kumar, Advocate for the petitioners.
Mr. Narayan Dutt, Standing Counsel for the State.
Mr. Ashish Joshi, Advocate for the Uttarakhand Public Service
Commission.
JUDGMENT
Per: Hon’ble Ravindra Maithani, J.
The challenge in this petition is made to the Final Result
dated 31.05.2022, published by the respondent no.3/Uttarakhand Public Service C
The court reinforced the legal obligation to reserve posts for differently-abled persons as mandated by the Rights of Persons with Disabilities Act, 2016.
Rules of 2011 exempt any Government establishment from filling up vacancy by appointing persons suffering from benchmark disabilities.
The court established that the reservation for Differently-abled Persons must be properly categorized and adhered to, as per legal precedents, ensuring fair treatment in the selection process.
The judgment establishes the importance of upholding reservation provisions for 'Differently-abled Persons' as per the Rights of Persons with Disabilities Act, 2016.
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 principle of reasonable accommodation under the Rights of Persons with Disabilities Act mandates that all individuals with disabilities are entitled to employment opportunities without rigid adhe....
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