SHAKUNTALA THAKUR Vs. STATE OF CHHATTISGARH AND ORS.

JUDGEMENT

(1.) AS the point raised and the relief sought for by the petitioners in both the aforesaid petitions is one and the same, the present petitions are disposed of by this common order.

(2.) PLACING reliance on The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 it has been argued by the Counsel for the petitioners that 3% reservation ought to have been provided by the respondents prior to converting Departmental Promotion Committee and had it been done names of the petitioners would have found place in the counselling list and they would have been promoted to the post of Principal. According to the Counsel for the petitioners, circular dated 26.2.2014 has the retrospective effect and therefore the petitioners are entitled for promotion. Reliance is placed on by the Counsel for the petitioners on the decisions of the Apex Court in the matter of Government of India through Secretary and another v. Ram Prakash Gupta and another : (2010) 7 SCC 626 and that of Union of India and another v. National Federation of the Blind and others : 2013 (139) FLR 811 (SC).

(3.) HEARD Counsel for the parties and perused the documents on record.