Binita Kumari vs The State Of Jharkhand And Others
2023 Latest Caselaw 3816 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   (Letters Patent Appellate Jurisdiction)

                                     LPA No. 546 of 2019

Binita Kumari                                                            ... Appellant
                                             Versus
The State of Jharkhand and others                                     ... Respondents
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

For the Appellant : Mr. Rajendra Krishna, Advocate For the JPSC : Mrs. Richa Sanchita, Advocate For the State : Mr. Sreenu Garpati, SC-III

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Order No. 11/ Dated: 09th October 2023

There have been a series of litigations across the country because the Government and its instrumentalities failed to follow the mandate under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The Hon'ble Supreme Court has been issuing directions since "National Federation of Blind Vs. Union Public Service Commission and others" (1993) 2 SCC 411 followed by the judgment in "Justice Sunanda Bhandare Foundation Vs. Union of India and another" (2014) 14 SCC 383.

2. Notwithstanding that, there have been consistent disregard and non-compliance by the Government and its agencies to provide reservation to differently challenged persons. This Court in W.P.(PIL) No. 7525 of 2013 issued the following directions:

"16. Accordingly, we hereby issue the following directions:

(i) the respondent­ State of Jharkhand shall issue circular modifying/clarifying circular dated 07.11.2007 in the light of order of this Court,

(ii) the respondent ­ State of Jharkhand shall direct all establishments to compute the number of vacancies available and to identify the posts for disabled persons within a period of three months and all such data shall be made available in public domain and,

(iii) the respondent ­ State of Jharkhand shall issue instructions to all Establishments making Head of the Establishment personally responsible for non-implementation of scheme of reservation for persons with disabilities and vacancies which, after

creation of the State of Jharkhand, remained unfilled, shall be filled by adopting a method similar to distribution of vacancies indicated under Clause 15 (c) and 15 (d) of Office Memorandum dated 29.12.2005."

3. As it would appear from the pleadings before the writ Court, correct and complete details of the vacancies particularly the backlog vacancies were not produced before the writ Court.

4. In the aforesaid circumstances on the request of Mrs. Richa Sanchita, the learned counsel for the JPSC, and Mr. Sreenu Garpati, the learned Standing Counsel-III, the matter is adjourned for providing complete details in a tabular form, year-wise, as regards backlog vacancies and the carry forward vacancies which were specifically notified and published in the subsequent JPSC examinations. Post this matter on 02nd November 2023.

5. Needless to indicate that non-compliance with the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 shall incur mandatorily a proceeding under the Contempt of Courts Act, 1971.

(Shree Chandrashekhar, J.)

(Anubha Rawat Choudhary, J.) Saurav/Pankaj-