AMIT GANERIWALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) DESPITE having spelt out the responsibility of the State towards prevention of disabilities and the protection of rights of persons with disability, the mind set of the authorities apparently has not undergone a change towards persons with disabilities. Our country is a signatory to the proclamation on full participation and equality of people with disability and accordingly has legislated the Act known as the Persons with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act, 1995 (hereinafter called "the Act"). Still the authorities would look for ways to circumvent the provisions of this Act rather than ensuring the implementation of the process of this forward looking enactment. The vehemence with which the prayer in the present Civil Writ Petition Nos. 2736 of 2009 (Amit Ganeriwala v. State of Haryana and Ors.) and 6060 of 2009 (Ramavtar v. State of Haryana and Ors.) has been opposed would show that the aim and objects of this Act perhaps are yet to sink in.

(2.) THE issue involved in the present writ petition is about the right of the State to exempt certain posts of H.C.S Executive Branch from the purview of the Act and thereby to deny appointment to person with disability on the said post. This issue commonly arises in both the writ petitions and, therefore, both the petitions are being disposed of together through this common order.

(3.) THE petitioner in Civil Writ Petition No. 6060 of 2009 has 70% disability. He is presently working as Block Development and Panchayat Officer (HCS allied) since the year 2002. He applied for H.C.S (Executive) in response to advertisement and was selected for allied services. Subsequently on 12.1.2004, he was selected and appointed as District Food and Supplies Controller, which is again an allied service. He also has a grievance against the action of the State in not making any reservation in the 26 posts advertised for H.C.S (Executive Branch) on 3.1.2009. He has accordingly challenged this advertisement on the ground that it is illegal, arbitrary besides being discriminatory and also being violative of the provisions of the Act.