Rashmi Thakur Vs. High Court of M.P. & others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 19833 of 2017, Judgment Date: May 03, 2018

Law Laid Down -

• The Rights of Persons with Disabilities Act, 2016 has made a departure from the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 as the reservation for the physically disabled candidates is not dependent on any condition. The reservation can be denied only if any Government establishment is exempted from the provisions of the Act by the Chief Commissioner or the State Commissioner. In absence of any decision to exempt the High Court from the provisions of the reservation, the High Court was bound to reserve post for the visually handicapped candidates.
• Though the reservation of posts by the Government of India or the Notification No.16-15/2010-DD-III dated 29th July, 2013 issued by the Government of India may not be applicable to the posts under the State but they provide sufficient guidelines for identifying the posts meant for physically disabled candidates. The post of Judicial Magistrate has been identified as the one which can be filled by the blind and the low vision candidates. Therefore, taking a clue from theNotification published by the Central Government in respect of posts falling in Group A, we find that the decision of the High Court not to permit a facility of scribe and to reserve the posts for visually handicapped candidates violates the provisions of the Act.

Rashmi Thakur Vs. High Court of M.P. & others