SHAKIL MOHAMOD ATTAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioner has sought following prayer in the above Writ Petition filed under Article 226 of the Constitution of India:-

(2.) We have heard Mr. Dilip Bodke, learned counsel for Petitioner and Dr. K. R. Kulkarni, learned AGP for Respondents.

(3.) Mr. Dilip Bodke, learned counsel for the Petitioner submitted that the Petitioner is a differently abled person and Civil Surgeon, Satara has certified that the Petitioner suffers 49% of disability. Pursuant to advertisement dated 24 th December, 2011, Petitioner applied for the post of Health Worker and although he is eligible he has not been appointed as Health Worker. He submitted that he applied for the post which was reserved for the category of handicapped person. Petitioner was issued hall ticket for the examination and he appeared for the said written examination but his result was not declared. He submitted that actions of the Respondents are contrary to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as "the 1995 Act" ) which was applicable at the relevant time. He submitted that the advertisement issued is contrary to the Government Resolution dated 27th December, 2009. The said Government Resolution prescribes the manner in which reservation for differently abled person is to be provided in various posts in Group "A" to Group "D" in the Health Department. He submitted that as per the said Government Resolution, the reservation is to be provided in direct recruitment. However, in the advertisement no reservation is provided for appointing Health Workers by direct recruitment. He submitted that as per the advertisement, the reservation is provided in recruitment to be done from temporary employees. Thus, he submitted that entire appointment procedure is illegal. He relied on the judgment of the Supreme Court in the case of State of Kerala and Ors. Vs. Leesamma Joseph reported in 2021 SCC Online SC 435.