Gujarat High Court
National Federation Of The Blind vs State Of Gujarat, Chief ... on 7 October, 2021
Bench: Biren Vaishnav
C/WPPIL/105/2021 ORDER DATED: 07/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 105 of 2021
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NATIONAL FEDERATION OF THE BLIND
Versus
STATE OF GUJARAT, CHIEF SECRETARY, GOVERNMENT OF GUJARAT
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Appearance:
MR SUBRAMANIAM IYER(2104) for the Applicant(s) No. 1
for the Opponent(s) No. 2
MS MANISHA LAVKUMAR SHAH, GOVERNMENT PLEADER ASSISTED BY
MS AISHWARYA GUPTA, AGP for the Opponent(s) No. 1
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CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
R.M.CHHAYA
and
HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 07/10/2021
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE R.M.CHHAYA)
1. Heard Mr.Subramaniam Iyer, learned counsel
for the petitioner and Ms.Manisha Lavkumar Shah,
learned Government Pleader assisted by Ms.Aishwarya
Gupta, learned Assistant Government Pleader for the
respondent State authorities.
2. The petitioner Association by way of this
petition has prayed for the following reliefs :
"(A) Issue appropriate writ order or
direction thereby calling for the records
relating to the maintenance of roster for giving
effect to 3% reservation for persons with
disabilities in terms of section 33 of the
Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation)
Act, 1995 read with directions of Hon'ble Apex
C/WPPIL/105/2021 ORDER DATED: 07/10/2021
Court in judgment dated 08.10.2013 in Civil
Appeal No.9096/2013 upto March 2017 and
thereafter in terms of Section 34 of Rights of
Persons with Disabilities Act, 2016 read with
Rule 11 of Rights of Persons with Disabilities
Rules 2017 including 1% for persons suffering
from blindness and low vision by all Government
Departments at least beginning from 1996,
examine the same and quash all such recruitment
to the extent of 3% upto March 2017 and
thereafter 4% from April 2017 till date if
provision of reservation in terms of Section 33
of the old Act of 1995 and Section 34 of the
said new Act of 2016 read with Rule 11 of the
said rules have not been followed.
(B) Issue a writ of mandamus or any other
appropriate writ order or direction thereby
directing the respondents to work out the
vacancies which ought to have been reserved for
each of the category of persons with
disabilities in terms of Section 33 of the said
old Act of 1995 upto March, 2017 and thereafter
in terms of Section 34 of said new Act of 2016
from April 2017 till date in a time bound manner
in terms of the directions of Hon'ble Apex Court
as contained in judgment dated 09.10.2013 passed
in Civil Appeal No.9096/2013 and undertake a
special recruitment drive for filling up the
backlog of vacancies so worked out for each
category of disability including blind and low
vision separately in compliance of the
directions of Hon'ble Apex Court in the said
case.
(C) Issue a writ of Mandamus or any other
appropriate writ order or direction thereby
directing the respondent No.2 to monitor the
implementation of scheme of reservation for
persons with disabilities in the same manner as
is done by it in the case of SC, ST and OBC.
(D) Issue a writ or mandamus or any other
appropriate writ order or direction thereby
directing the respondents particularly
respondent No.3 to issue notification for
C/WPPIL/105/2021 ORDER DATED: 07/10/2021
identification of posts for each category of
benchmark disability in accordance with Section
33 of Rights of Persons with Disabilities Act,
2016 adopting the notification of Govt. of India
for identification of posts in terms of the said
provision published in Gazette of India
Extraordinary part-1 bearing No.39/16/2020-DD-
III dated 04.01.2021.
(E) Issue a writ of prohibition or any
other appropriate writ order or direction
thereby restraining the respondents from
undertaking any recruitment in future without
complying with the provisions of Section 34 of
the RPD Act r.w.r. 11 of the RPD Rules 2017 as
well as without completing the recruitment
process against backlog reserved vacancies for
persons with disabilities in general and blind
and low vision in particular in accordance with
the directions contained in the judgment dated
08.10.2013 in Civil Appeal No.9096/2013.
(G) Any other relief deemed fir to meet the
ends of justice may be granted."
3. In response to the notice issued by this
Court, the State of Gujarat has filed an affidavit of
the Under Secretary, Social Justice and Empowerment
Department. Ms.Manisha Lavkumar Shah, learned
Government Pleader has drawn attention of this Court
specially to Resolution No.CRR/102017/122639/G.2
dated 17.09.2021. In light of the said steps having
been taken by the State Government, the main prayer
as sought for by the petitioner Association has been
redressed.
C/WPPIL/105/2021 ORDER DATED: 07/10/2021
4. Mr.Iyer has expressed certain apprehensions
about the same. However, we make it clear that the
main grievance is already redressed and while
implementing the same, the State authorities shall
keep in mind the judgment of the Apex Court in the
case of Union of India vs. National Federation of the
Blind, reported in LAWS (SC) 2013 10 27, which is
part of the record of this petition and the policy
decisions that may be taken from time to time.
5. With these observations, this petition is
disposed of. However, there shall be no orders as to
costs.
(THE ACTING CHIEF JUSTICE R.M.CHHAYA, J)
(BIREN VAISHNAV, J)
GAURAV J THAKER
