13-wp.3118.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.3118 OF 2022

Puja Diliprao Khedkar

...Petitioner

Versus

Union of India and Ors.

...Respondents

Mr. Abhay Anil Anturkar, a/w Mr. Vaibhav Kulkarni, Mr. Harshvardhan

Suryavanshi, Bhavya Pande and Mr. Dhruv Tonk, for the Petitioner.

Mr. Rui Rodrigues a/w Mr. R. R. Shetty and Mr. A. A. Garge, for the

Respondent Nos.1 to 3.

Mr. Vinod Joshi, for the Respondent No.4.

CORAM : REVATI MOHITE DERE &

MADHAV J. JAMDAR, JJ.

DATE : 18^th APRIL 2022

P.C. :

1.

Heard learned Counsel for the parties.

2.

By this petition, the petitioner has sought the following

substantive reliefs:-

“6.

….. …..

(A)

That this Hon’ble Court be pleased to issue a writ mandamus,

or a writ in the nature of mandamus, or any other appropriate

writ, order or direction under Article 226 of the Constitution of

N. S. Chitnis

1/8

NISHA

SANDEEP

CHITNIS

Digitally signed by

NISHA SANDEEP

CHITNIS

Date: 2022.04.22

12:21:31 +0530

13-wp.3118.2022.doc

India quashing and setting aside the Letter No. 13018/7/2020-

ASI-I dated 03.03.2021 issued by the Government of India,

Ministry of Personnel and Training, to the Secretary, Union

Public Service Commission forwarding the consolidated

tentative vacancy position of Cadre Controlling Authority

(CCAs) to the extent that it provides for no vacancies for

persons with benchmark disabilities in category (d) of Section

34 of the Rights of Persons with Disabilities Act, 2016, as

being ultra vires the said Act as well as Articles 14 and 21 of

the Constitution of India;

(B)

That this Hon’ble Court be pleased to issue a writ mandamus,

or a writ in the nature of mandamus, or any other appropriate

writ, order or direction under Article 226 of the Constitution of

India directing the Respondents herein to make the sufficient

reservations for persons suffering from benchmark disability

provided for in category (d) in terms of the Rights of Persons

with Disabilities Act, 2016, and suitably amend the paragraph

from Notification dated 04.04.2021 issued by the Union Public

Service Commission;

(C)

That this Hon’ble Court be pleased to issue a writ mandamus,

or a writ in the nature of mandamus, or any other appropriate

writ, order or direction under Article 226 of the Constitution of

India directing the Respondents to include persons belonging

to category (d) in addition to those belonging to categories (a),

(b) and (c), to get the benefit of the reservations made for

persons suffering from multiple disabilities under category (e);

(D)

That this Hon’ble Court be pleased to issue a writ mandamus,

or a writ in the nature of mandamus, or any other appropriate

writ, order or direction under Article 226 of the Constitution of

India directing the Respondents to extend the facility of

unlimited attempts to persons with benchmark disabilities;

(E)

That this Hon’ble Court be pleased to issue a writ mandamus,

or a writ in the nature of mandamus, or any other appropriate

writ, order or direction under Article 226 of the Constitution of

N. S. Chitnis

2/8

13-wp.3118.2022.doc

India directing the Respondents to carry forward all the

backlog of unfilled vacancies since the passing of the Act

pertaining to the category of the Petitioner;

(F)

That this Hon’ble Court be pleased to issue a writ mandamus,

or a writ in the nature of mandamus, or any other appropriate

writ, order or direction under Article 226 of the Constitution of

India directing the Respondents to reserve 4% of 712

vacancies for persons with benchmark disabilities in terms of

Section 34 of the Rights of Persons with Disabilities Act,

2016;

(G)

That alternatively, this Hon’ble Court may direct the

Respondents to consider the Petitioner’s disability under

category (d) and thereafter consider her candidature under

category (e) as she suffers from multiple disabilit