Patna High Court
National Federation Of The Blind ... vs The State Of Bihar on 3 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9119 of 2019
National Federation of the Blind, Bihar Branch, A Reg. Organization under
Societies Registration Act through its Convener Dr. Vinay Kumar, S/o Late
Devendra Prasad, resident of Village + P.O.- Karara, P.S. Ghoshwari, District-
Patna, Having its registered office at Office No. 402, Mukama House, Janak
Kishore Road, Kadam Kuan,Patna, Bihar.
.......... Petitioner/s
Versus
1. The State of Bihar, through its Chief Secretary, Department of Services
having its office at Main Secretariat, Patna.
2. Secretary, Department of Personnel & Training, Govt. of Bihar, having its
office at Secretariat, Patna.
3. Secretary, Department of Social Justice & Empowerment, Govt. of Bihar,
having its office at Secretariat, Patna.
4. Divyang Jan Sashaktikaran Directorate Through its Director having its
office at Secretariat, Patna
.......... Respondent/s
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Appearance :
For the Petitioner/s : Mr. S. K. Rungata, Senior Advocate
Mr. Daya Shanker Prasad, Advocate
Mr. Ganesh Prasad Verma, Advocate
Ms. Sugandha Prasad, Advocate
Mr. Pramod Rajpati, Advocate
Ms. Durga Kumari, Advocate
Mr. Amar Prakash, Advocate
Mr. Bhawesh Srivastava, Advocate
For the Respondent/s : Mr. Lalit Kishore, Advocate General
Ms. Shilpa Singh, G.A. 12
Mr. Ashok Kumar Garg, Advocate
Mr. Prabhat Kumar Verma, AAG-3
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
Patna High Court CWJC No.9119 of 2019 dt. 03-06-2021
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
=======================================================
(The proceedings of the Court are being conducted by Hon'ble the
Chief Justice/ Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also, the Advocates and the Staffs joined
the proceedings through Video Conferencing from their
residences/offices.)
Date: 03-06-2021
Petitioner has prayed for the following relief(s): -
"A. issuance of a writ of certiorari or any other
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 Court in judgment dt. 8.10.13 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 Govt. Departments at least beginning from
1996, examine the same and quash all such
recruitments 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 and Section 34 of the said new Act R.W.R. 11
of the said Rules have not been followed.
Patna High Court CWJC No.9119 of 2019 dt. 03-06-2021
B. Issuance of 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 upto March, 2017 and thereafter in
terms of Section 34 of said new Act from April, 2017
till date in a time bound manner in terms of the
directions of Hon'ble Apex Court as contained in
judgment dt. 8.10.13 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. Issuance of 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 & OBC.
D. Issuance of 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 dt. 8.10.13 in
Civil Appeal No. 9096/2013.
Patna High Court CWJC No.9119 of 2019 dt. 03-06-2021
2. After the matter was heard for some time, Sri S. K.
Rungata, under instructions from the petitioner, states that this
petition can be disposed of with a direction to the State to
consider the petitioner's case, independent of the respective
stands taken in these proceedings. Further, the petition be
treated as a representation to be considered expeditiously and
preferably within a period of four months.
3. Learned Advocate General fairly states that the
petitioner's case shall be considered in accordance with law and
as desired by them, within a period of four months.
4. We only hope and expect that the State shall take a
decision at the earliest and certainly within the aforesaid period.
Needless to add, such decision shall be taken as per law and if
required by affording opportunity of placing additional material
by the parties. The decision taken shall be communicated to all
concerned, including the petitioner.
5. Petition is disposed of in the aforesaid terms, also
reserving liberty to the petitioner or any one of the aggrieved
parties to independently approach the Court on the very same
and subsequent cause of action, if the need so arises.
6. Interlocutory Application(s), if any, shall stand
disposed of.
Patna High Court CWJC No.9119 of 2019 dt. 03-06-2021
7. We appreciate the efforts put in by Sri Lalit
Kishore, learned Advocate General, Sri S. K. Rungata, learned
Senior Counsel, Sri Surendra Kumar Singh, learned Counsel for
the petitioner and Ms. Sugandha, learned counsel for the
petitioner in arriving at a just decision.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sujit/-
AFR/NAFR
CAV DATE
Uploading Date 03.06.2021
Transmission Date
