Latest news with #RPWD)Act
Time of India
10-06-2025
- Business
- Time of India
Chhattisgarh high court dismisses plea for visually impaired reservation in assistant professor recruitment
Chhattisgarh high court dismisses plea for visually impaired reservation in assistant professor recruitment RAIPUR: The Chhattisgarh High Court dismissed a writ petition filed by a 27-year-old visually impaired candidate, who sought a 2% reservation for blind and low vision persons in the recruitment of Assistant Professors (Commerce). The court upheld the state govt's decision to deny such reservation in this specific subject, citing the nature of teaching duties involved and the reservation already granted to other disability categories. Saroj Kshemanidhi, 27, appeared for the 2019 Assistant Professor (Commerce) recruitment conducted by the Chhattisgarh Public Service Commission (CGPSC). Though he cleared the written examination and was called for the interview, he did not make it to the final selection list. He then filed a writ petition under Article 226 of the Constitution, seeking a directive to the CGPSC to issue a corrigendum ensuring a 2% reservation for visually impaired candidates, covering both current and backlog vacancies. He also requested the court to stop the CGPSC from filling these vacancies until the matter was resolved. The CGPSC argued that it functioned solely as an examining body and not as a policymaker. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch vàng CFDs với mức chênh lệch giá thấp nhất IC Markets Đăng ký Undo It stated that the petitioner applied knowing there was no reservation for the visually impaired in the Commerce subject and could not challenge the process midway. The Commission also pointed out that identifying suitable posts for reservation falls under the domain of the state govt. The State of Chhattisgarh, the second respondent in the case, submitted that the reservation pattern followed in the 2019 recruitment advertisement was in accordance with a govt circular dated 29 August 2018. They further noted that the High Court earlier directed the authorities to reallocate reservation in compliance with the Rights of Persons with Disabilities (RPWD) Act, 2016, and subsequent Supreme Court rulings. As a result, corrigenda were issued in November 2019 and January 2021 adjusting reservation across various subjects, including Commerce. The state clarified that the Assistant Professor post is part of a larger cadre, and reservations are applied at the cadre level, not by individual subject. It further argued that Kshemanidhi's petition resembled a Public Interest Litigation and was not maintainable as he accepted the terms of recruitment without objection. Appearing for the petitioner, Advocate Vijay K Deshmukh contended that denying reservation to the visually impaired in the Commerce subject violated Article 16(1) of the Constitution. He cited previous recruitment rounds where such reservation was granted. Justice Narendra Kumar Vyas framed the core question: whether the state was obligated to provide a 2% reservation for blind and low vision candidates in Commerce, despite already allotting reservation to other disability categories under the same recruitment. Citing Sections 33 and 34 of the RPWD Act, the court observed that while 4% of total vacancies must be reserved for persons with benchmark disabilities, the identification of suitable posts is the prerogative of the appointing authority. Given the writing-intensive nature of Commerce teaching, the court found the state justified in limiting reservation to candidates with disabilities such as OA (one arm) and OL (one leg). The court ruled that the state's action was neither arbitrary nor illegal and declined to issue a writ directing the inclusion of visually impaired candidates in the reservation. The petition was dismissed, and the interim stay on appointment was vacated. The state has been directed to issue the pending appointment order within 60 days.
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Business Standard
02-06-2025
- General
- Business Standard
Delhi govt issues admission guidelines for children with special needs
The Delhi Directorate of Education (DoE) released guidelines for admission of children with special needs (CWSN) for entry level classes in private schools. According to a circular issued on Friday, children with benchmark disabilities are eligible to apply. The term "benchmark disability" refers to a person with not less than 40 per cent of a specified disability that needs to be certified by a government hospital as per the Rights of Persons with Disabilities (RPWD) Act, 2016. Children identified with intellectual disability, specific learning disability, autism spectrum disorder, or related categories may also be considered based on assessment or diagnostic reports, the circular stated. The age criteria for special needs applicants as of March 31, 2025 should be 3-7 years for pre-school/nursery, 4-8 years for kindergarten, and 5-9 years for class 1, as per the circular. It stated that the online module for applications will open on Monday (June 2) and the last date for submission is June 22, with a tentative computerised draw of lots scheduled for July 7. The circular reiterates that no school can demand capitation fees or donations at the time of admission, as per Right to Education (RTE) Act provisions. Any violations may result in fines up to ten times the demanded amount. Parents are also advised not to manipulate residential details to secure admission, as the computerised draw is based on location data, it added.
Hindustan Times
16-05-2025
- Politics
- Hindustan Times
HC seeks state's response to plea for filling vacant disability quota posts
MUMBAI: The Bombay high court last week asked the Maharashtra government to respond to a petition seeking a special recruitment drive to fill all backlog vacancies reserved for differently abled persons in various state departments. The public interest litigation (PIL) was filed by Mission Accessibility, an NGO founded by visually impaired advocates dedicated to the rights and inclusion of persons with disabilities (PwDs). It sought the enforcement of section 34(1) of the Rights of Persons with Disabilities (RPWD) Act, 2016, which mandates a 4% horizontal reservation for PwDs in all government establishments, including educational institutions. The petition, filed through advocates Prithviraj Choudhary and Sharon Patole, highlighted systemic non-compliance with the law by the Maharashtra government and educational bodies. It cited specific instances such as NGO Laxmi Shikshan Sanstha's failure to reserve posts at its institutions despite numerous vacancies, the denial of reserved positions to eligible candidates, and exploitative temporary contracts imposed on faculty with visual impairments. These violations infringe upon the constitutional rights to equality, dignity, and equal opportunity, the PIL said. The petitioner highlighted government data, which reveals that only 36% of the 26 million PwDs are employed in India. Notably, 47% of men with disabilities are likely to find employment, compared with just 23% of women, according to the data. In February 2024, the state commissionerate for people with disabilities (SCPD) highlighted that 99.99% of seats reserved for people with disabilities remain unfilled in Maharashtra, the petition said. Based on this data, the petitioner wrote to the SCPD to report the non-compliance with the reservation mandate in 11 universities and 1,117 colleges across Maharashtra. The commissionerate, in response, directed the state department of higher education to investigate the matter and take corrective measures. Although the department showed no progress in identifying and filling the backlog vacancies, it submitted data revealing the alarming state of vacancies reserved for PwDs in Maharashtra, the petition said. The statistics indicated a significant number of unfulfilled reserved posts: 76 out of 89 seats were vacant in Kolhapur, 69 out of 74 seats in Nagpur, 29 out of 30 seats in Mumbai, and 13 out of 28 seats in Solapur. Supported by government orders, RTI responses, media reports, and affidavits, the petitioner sought directions for a special recruitment drive to fill backlog vacancies, audits, and corrective recommendations by the SCPD, strict institutional compliance with the RPWD Act, and to address the systemic discrimination faced by PwDs in educational employment in Maharashtra. Taking cognisance of the matter, a division bench of chief justice Alok Aradhe and justice MS Karnik directed the state to submit its response through the respondent parties—the Department of Higher and Technical Education, the Department for Welfare of Persons with Disabilities, and the SCPD—within four weeks.
