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| DB disposes off PIL seeking implementation of Disability Act -1998 | | | Early Times Report
Jammu, Nov 20 (JNF): A division bench of state High Court comprising Chief Justice MM Kumar and Justice Hasnain Massodi issued various directions and disposed off the Public Interest Litigation filed by National Federation of Blind seeking implementation of Disability Act 1998.This approved for reporting judgment written by Chief Justice MM Kumar after hearing Senior Advocate PS Dutta for the PIL whereas Senior AAG Gagan Basotra appearing for the state for the state referred a judgment of State High Court dated March 30, 2009 whereby then Division Bench issued various directions regarding the identification of posts which can be reserved for persons with disabilities.
DB further observed that in the latest status report filed by the SSRB dated November 6, 2013 it has been stated that 70 posts of teachers from various districts under handicapped category have been advertised on the requisition received from the Education Department.
The Board had conducted the interviews and was in the process of finalizing the select list.On account of complaints with regard to genuineness of certificates concerning handicapped category of the applicants the matter is under process and individual petitions have also been filed. The select lists in respect of District Jammu and Doda have been published on receipt of verification of medical certificates and in respect of other Districts it is to be published as and when the Board is satisfied with regard to genuineness of the medical certificates.
Division Bench after considering the facts and circumstnaces, do not wish to proceed any further with the instant public interest litigation. Various category of posts have now been identified by the Government by its Order No. 108-SW of 2013 dated 01.04.2013 (which has also identified physical requirements/functional requirements.
Therefore, the basic object of this Public Interest Litigation has been accomplished. If the respondent-State does not review the list in accordance with the provisions of Section 22 of the Act at regular periodicals, then any public spirited person may again approach the Court for issuance of appropriate directions.
Accordingly, proceedings in the instant public interest litigation are closed. It is clarified that any individual grievance may be raised in an independent writ petition, which shall not be a bar by virtue of this Public Interest Litigation. |
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