AVIJIT SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) In this petition, the petitioner, who is an Advocate, has raised an issue for grant of benefit of reservation in Government posts to the disabled persons who fulfill the definition as contained in Section 2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995 (hereinafter referred to as 'the Act').

(2.) The grievance of the petitioner is that the reservation of posts meant for disabled persons, as required under Section 33 of the said Act, has not been accorded while filling up various vacancies. Thus, a writ in the nature of mandamus is sought seeking a direction to the respondents to reserve 3% posts for 'physically handicapped category' and out of that to reserve 1% posts for 'hearing impaired' category.

(3.) It is not necessary to go through the detailed pleadings including the replies filed by the respondents because of the reason that Mr. Pradhuman Singh, learned counsel for the petitioner has pressed the relief only to the limited extent which too is based upon the affidavit dated 16.03.2013 filed by the Secretary, Government of Haryana, Personnel Department. In this affidavit, the position of various posts in the State of Haryana and the provision for disabled persons is mentioned in detail. However, as far as Haryana Civil Services (Executive Branch) is concerned, while stating that the reservation as per the roster points i.e. Points No. 26, 52 and 82 is provided and emphasizing that the same would remain undisturbed, at the end following assertion is also made:-