SHABANA RASHID PINJARI Vs. MAHARASHTRA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India, challenging the provisional selection list published on 16/4/2025 by the Respondent -Maharashtra Public Service Commission (for short "MPSC") in respect of Advertisement No. 01/2023 and supplementary Advertisement No. 111/2023, alleging that the said list was drawn without implementing the salutary provisions of the Rights of Persons with Disabilities Act, 2016 (for short "Disabilities Act"), leading to the rejection of the candidature of the petitioner.

(2.) The brief facts pleaded as stated are thus: The petitioner suffers from visual impairment with 100% permanent blindness and has been issued a Disability Certificate to that effect. Pursuant to the publication of Advertisement by the MPSC, the petitioner applied for the post of Clerk-cum-typist (Class C Grade). The petitioner cleared the preliminary and mains examination with a total score of 192.48. The provisional selection list published on 16/4/2025 did not include the name of the petitioner. It is the case of the petitioner that the manner in which the petitioner's name has been excluded contravenes the reservation scheme for persons with disabilities as per the Disabilities Act. It is submitted that 119 out of total 125 vacancies reserved for visually impaired persons are filled and 6 posts still lie vacant. According to the petitioner, approximately 39 candidates securing fewer marks than the petitioner have been selected from the visually impaired category. The petitioner approached the Respondents on several occasions requesting that the post be allocated to the petitioner. The petitioner has been denied a fair opportunity to modify the preference form and hence compelled to exercise only the option of applying against an unreserved post, thereby denying her the valuable right available as per the provisions of the Disabilities Act.

(3.) Mr. Kulkarni, learned Counsel for the Respondent - MPSC raised a preliminary objection regarding maintainability of the Writ Petition. According to him, the remedy of the petitioner is to approach the Maharashtra Administrative Tribunal in view of the provisions of the Administrative Tribunals Act in the first instance. Reliance is placed on the judgment of this Court in the case of Gaurav Daga Vs. State of Maharashtra and Ors. in Writ Petition No. 2270 of 2021, decided on 4/3/2022.