DR. HONEY ARYA Vs. PANJAB UNIVERSITY

JUDGEMENT

(1.) PETITIONER is an orthopaedically handicapped person and is suffering from post -polio paralysis involving right leg, thigh and hip muscle and walks with the help of crutches. She had challenged various advertisements, mainly advertisement No. 4 of 98, published by respondent Nos. 1 and 2 inviting applications for Lecturer in History. One post was in the morning studies and one in the evening studies. The ground of attack is that in the said advertisement there was no reservation for the physically handicapped persons, which is in violation of the provisions of the Act, known as "The Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1955." Section 33 of the said Act envisages that very appropriate Government would appoint in every establishment such percentage of vacancies not less than three per cent of persons or class of persons with disability of which one per cent each shall be reserved for persons suffering from -

(2.) THE provision of Section 32 of the Act may also be noticed here : -

(3.) THE petitioner's case is that the provisions of the Act, especially Section 33, ipso facto applies to the Panjab University and under the provisions of the Act 3% reservation was required to be made for the handicapped persons. In any case, it was submitted that UGC had already conveyed its decision to all the Universities, vide Annexure P.4 in August, 1996 regarding reservation of the posts of Lecturers for the handicapped persons. The decision reads as under : -