INSTITUTE FOR SOCIAL AND ECONOMIC Vs. CHIEF COMMISSIONER

JUDGEMENT

(1.) PETITIONER has prayed for a writ of certiorari to quash the proceedings in Case No. 2584/2002 as without jurisdiction and arbitrary and to quash the show cause notice dated 20 - 6 - 2002 at anenxure - A and to quash the summons dated 18. 7. 2003 Annexure -E as without jurisdiction.

(2.) THE petitioner is said to be a society registered under the provisions of the Karnataka Societies Registration Act according to the petitioner, the Institute does not receive any funds from the Central government but, it is partly receiving funds by the State Government and other agencies and that it is not a department of the Central or state Government.

(3.) ACCORDING to the petitioner, the 1st respondent/chief commissioner acting under S. 57 of the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995, has registered a case against the petitioner in No. 25 84/2002 and also a show cause notice was issued stating that as per the notification published in the Times of India newspaper dated 19. 10. 2002 provision for reservation has been made in respect of SC/st and other backward classes for the post of Assistant Professor but, petitioner had not made reservation for at least 3% of the post for persons with disabilities as per S. 33 of the Act and to show cause for the same. The said action is taken suo motu under S. 59 of the Act calling upon the petitioner to submit his version. Challenging the said order, petitioner is before this court.