ATUL RANJAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) I have heard Mr. Bindhyachal Singh, learned counsel appearing on behalf of the petitioner, Mr. Lalit Kishore, learned Senior Counsel, representing the Bihar Public Service Commission(hereinafter referred to as 'the Commission') and Mr. Sheo Shankar Prasad, learned Standing Counsel No. 8 for the State of Bihar.

(2.) The present writ application has been filed seeking direction to the respondents to appoint the petitioner on any suitable post after declaring his result under differently-able category by extending the benefit of reservation to persons suffering from 'multiple disability' as contemplated under Sec. 34 of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as 'the Act'), based on the recruitment conducted by the Commission through 63 rd Combined Competitive Examination.

(3.) Before I notice the facts asserted in the writ application, it would be apt to notice relevant statutory provisions first, for proper appreciation of the issue, which the case involves. The Rights of Persons with Disabilities Act, 2016 has been enacted by the Parliament to give effect to the United Nations Convention on the Rights of Persons with disabilities and for matters connected therewith or incidental thereto. The Act has made special provisions for persons with benchmark disabilities under Chapter-VI. Sec. 34 of the Act provides for reservation for persons with benchmark disabilities in the matter of appointment to be made by every appropriate Government. Appropriate Government has been defined under Sec. 2(b) (ii) of the Act in relation to a State Government or any establishment, wholly or substantially financed by that Government, or a Cantonment Board, as the State Government.