NILESH SINGHAL Vs. STATE OF MP

JUDGEMENT

(1.) BY filing this petition a blind citizen has knocked the door of this Court for enforcement of the mandate of law known as "persons with disability (Equal Opportunities, Protection of Rights and Full Participation)Act, 1995" ( for brevity hereinafter referred to as "the Act"), seeking protection of the umbrella of justice delivery system. The non-enforcement of the provisions of the said Act in true spirit and sense is writ at large to establish social justice envisaged under the Constitution of India.

(2.) PETITIONER had passed intermediate 10 + 2, B. A. and M. A. in Political science in first class in 1997, and secured second position in the merit list of devi Ahilya Vishwavidyalaya, Indore. Being a blind he has filed disability certificate showing 100% absence of sight. It is further pleaded that the M. P. Public Service Commission had issued an advertisement for recruitment to various posts, wherein he had appeared and got selected in preliminary and main exam. But in oral interview he was not permitted to participate and denied the benefit of reservation to the persons with disability as per the provisions of the act, however, sufferer otherwise he may be appointed on the posts reserved for disabled persons. Shri Anil Trivedi, learned counsel appearing for petitioner has drawn my attention to various provisions of the Act and also on the judgments of the Apex Court as well as of other High Courts and urged that mandate of the law of the said Act is the pious obligation of the executive authorities of the State to implement it, for upliftment of the weaker section and to secure social order in the society. Ignorance is amounting to denial of the social justice, which is the soul of Constitution of India.

(3.) PER contra, Shri A. S. Gokhale and Shri L. R. Bhatnagar, Govt. Advocates, have filed various circulars issued by the Govt. of Madhya Pradesh through General Administration Department dated 30-5-1997, 19-12-1997, 19-3-1998 and 13-10-1999, whereby it is contended that the Govt. of M. P. having full consensus to the Act of 1995 and intended to uplift the disabled persons. Accordingly, the percentage of reservation has been enhanced from 3% to 6% and have also notified those posts in hundred point roster making it reserve to the candidates of persons with disabilities, therefore, the Govt. of M. P. is having true spirit to act upon and implement the mandate of law. It is further said that recently the General Administration Department has further issued a circular on 31-3-2005 in concise form to show their commitment, to extend the benefit of reservation to the citizens of handicapped category. However, on account of issuance of various instructions for implementation of the provisions of the Act, the grievance as putforth in this petition is devoid of any merit and substance, hence it is liable to be dismissed.