JYOTSNA MENGI Vs. STATE AND ORS.

JUDGEMENT

(1.) The Jammu and Kashmir Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1998 (For short Equal Opportunities Act) is a piece of legislation intended to provide equal opportunities, care, protec tion, maintenance welfare, training and rehabilitation to differently-abled persons. One of the measures contemplated under the Equal Opportunities Act to achieve the objects of the Act, is to reserve vacancies in government service for such persons.

(2.) Petitioner is aggrieved that the Jammu and Kashmir Civil Service (Judicial) has been left out of purview of the Equal Opportunities Act and resultantly, the percentage of posts required to be reserved under the Equal Opportunities Act for differently-abled persons is not so reserved in case of the Jammu and Kashmir Civil Service (Judicial).

(3.) According to the petitioner, there is no reason for the respondents to deny benefit available to the differently-abled persons aspiring for the Jammu and Kashmir Civil Service (Judicial) and keep the service outside the purview of the Equal Opportunities Act. Though the writ petition was filed in the context of Advertisement Notice No. PSC/Ex-2001/64 dated 04.12.2001 and the posts adver tised stand filled up, yet the issue raised in the petition survives and has not lost relevance by efflux of time.