SECRETARY STATE OF KARNATAKA Vs. NAGAVENI M C

JUDGEMENT

(1.) THIS appeal is directed against the order dt. 20-12-2005 passed by the learned Single Judge in W. P. No. 25190/2005.

(2.) THE brief facts of the case are that the first respondent smt. M. C. Nagaveni, a physically challenged (handicapped) person filed a complaint before the second respondent - Commissioner for persons with disabilities seeking his intervention in the matter of implementation of the provisions of the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter called Disabilities Act, 1995 ). As per the notifications issued and the rules framed under the Disabilities Act, 1995,5% of posts in Group 'c' and 'd' are set apart for persons with disabilities (PWD. s ). It was pointed out in the proceedings before the commissioner that 4767 posts of teachers were called for. 5% of the said number comes to 238. However the total number of seats reserved for PWD. s in the recruitment in question aggregated only to 72 which falls far short of the requirement. The second respondent-Commissioner therefore passed the order dt. 18-11-2005 directing the appellants to withhold the recruitment process and to implement 5% reservation for PWD. s in keeping with the orders of the State government and the orders of the Hon'ble Supreme Court. Further he directed that the division of posts based on subjectwise restriction at the District level should be relooked and amended as it dilutes the interpretation of the Government Order in respect of 5% reservation for PWD. s, He further directed the withholding of the recruitment process for the posts of primary school teachers for the year 2005-2006 in the entire State of Karnataka and withholding of the Common entrance Test, which was scheduled to be held on 20-11-2005, till the implementation of the Government Order in the matter of 5% reservation of posts for the PWDs. This order was challenged by the state of Karnataka and its Officers before the learned Single Judge,

(3.) THE learned Single Judge disposed of the writ petition with a direction, inter-alia, to the State, its functionaries and its concerned authorities to re-work the reservation for the disabled persons in the matter of recruitment to the posts of primary school teachers by adopting appropriate method in accordance wilh law and the provisions of Disabilities Act, 1995 and the Karnataka Civil Service (General recruitment) Rules, 1977.