Prakash Khakse vs State Of Chhattisgarh
2021 Latest Caselaw 169 Chatt

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                                                                                     NAFR

                      HIGH COURT OF CHHATTISGARH AT BILASPUR

                                  WPS No. 1800 of 2021
     Prakash Khakse S/o Awdhut Khakse Aged About 43 Years R/o M. I. G. 59, Dr.
     Rajendra Prasad Nagar, Phasse- 2, Korba, District Korba Chhattisgarh
                                                                           ---- Petitioner
                                               Versus
     1.      State Of Chhattisgarh Through Chief Secretary, Mantralaya, Naya
             Raipur Chhattisgarh
     2.      Secretary Department         Of    Education,   Mantralaya,   Naya    Raipur
             Chhattisgarh
     3.      Collector Korba, District Korba Chhattisgarh
     4.      District Education Officer Korba, District Korba Chhattisgarh
                                                                      ---- Respondents

     For Petitioner                   :         Ms. Rajni Soren, Advocate
     For State                        :         Mr. Amrito Das, Additional A.G.

                           Hon'ble Shri Justice P. Sam Koshy
                                      Order on Board

07/06/2021

1. The grievance of the petitioner in the present writ petition seems to be

the non-providing of reservation in promotion for the disabled category

by the respondents for District Korba in the office of the District

Education Officer.

2. The petitioner herein works as a class-IV employee and is a candidate

under the disabled reserved category and suffers from hearing

impairment. According to the petitioner, there is no identification of the

disabled persons done by the respondents in the office of the District

Education Officer and unless and until the identification of the disabled

persons are done, the State would find it difficult in granting promotion

to the disabled persons against the quota reserved for promotion to the

persons under the disabled category in accordance with the Rights of

Persons with Disabilities Act, 2016.

3. Given the said nature of dispute, this Court is of the firm view that no

fruitful purpose would be served in keeping the writ petition pending.

Since the Central Government has already enacted a law i.e. the Rights

of Persons with Disabilities Act, 2016 and there are also the judgments

of the Hon'ble Supreme Court, which provide for granting reservation to

the disabled persons and which has also been accepted as a policy

decision by the State Government granting reservation to the persons

under the disabled category. The writ petition at this juncture can be

disposed of directing the respondents No.2 & 4 ensuring the

identification of the persons with disabled in the respective cadre under

their office and subsequent to the identification as and when the next

D.P.C. is convened for the next promotion, these persons are

considered against reservation provided for the said category in terms

of the aforementioned Act of 2016 and policy of the State Government

in this regard.

4. Let this exercise of identification be completed within a period of 90

days from the date of receipt of the copy of this order.

5. With the aforesaid observations, the present writ petition stands

disposed of.

Sd/-

(P. Sam Koshy) Judge Ved