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| PIL seeking quota for disabled in KCS (Judicial) Examination | | DB directs SWD to take decision within three months | |
Jammu, AUG-14 In a significant judgment, A Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Hasnain Massodi has come to rescue of the disabled persons in State of J&K who have not been given the opportunity to appear in KCS (Judicial) Examination.
This landmark judgment written and announced by Justice Hasnain Massodi for the Division Bench directed Social Welfare Department of the State Government to examine the matter and take a decision as regards extension of benefit under Section 21 of the Equal Opportunities Act to the Jammu and Kashmir Civil Service (Judicial) within three months from the date of receipt of this order. In case, the Department takes a decision in favour of the extension of benefit and identifies the posts under Service in terms of Section 21 of the Act for reservation for differently-abled persons, it shall enter into consultation with the Public Service Commission and the High Court, so that the decision is formalized within six months from the date of disposal of the present petition and differently-abled persons get the benefit of three percent reservation under Equal Opportunities Act for the posts under the Jammu and Kashmir Civil Service (Judicial) Recruitment Rules, 1967, without any further delay, in case, the decision goes in their favour.
These friendly directions for disable persons were passed in a Public Interest Litigation filed by Jyotsna Mengi through Adv Srishti Pal Mengi in which the petitioner highlighted the non-applicability of the provisions of Jammu & Kashmir Persons with Disabilities Equal Opportunities, Protection of Rights and Full Participation) Act, 1998 (For short Equal Opportunities Act) is a piece of legislation intended to provide equal opportunities, care, protection, maintenance welfare, training and rehabilitation to differently-abled persons. One of the measures contemplated under the Equal Opportunities Act to achieve the objects of the Act, is to reserve vacancies in government service for such persons.
After hearing Adv SP Mengi for the PIL and Sr. Adv DC Raina with FA Natnoo for PSC and Sr. AAG Gagan Basotra for the state, Division Bench observed that The Jammu and Kashmir Civil Service (Judicial) Recruitment Rules, 1967 made in consultation with the Public Service Commission and the High Court govern recruitment etc. to the Jammu and Kashmir Civil Service (Judicial). However, though the consultation with the Public Service Commission and the High Court may become necessary, in case, extension of benefit of reservation under Section 21 of the Equal Opportunities Act, involves any amendment to the Rules, yet as a first step, Social Welfare Department of the State Government is to examine the claim, obtain necessary inputs from all concerned and take a decision in the matter. It is only after the department is of the opinion that the aforesaid benefit deserves to be extended to the posts under the Jammu and Kashmir Civil Service (Judicial), that it may have to hold consultation with the Public Service Commission Department and the High Court.
Counsel appearing for the PIL submitted that there is no reason for the respondents to deny benefit available to the differently-abled persons aspiring for the Jammu and Kashmir Civil Service (Judicial) and keep the service outside the purview of the Equal Opportunities Act. Though the writ petition was filed in the context of Advertisement Notice No.PSC/Ex-2001/64 dated 04.12.2001 and the posts advertised stand filled up, yet the issue raised in the petition survives and has not lost relevance by efflux of time.
The present judgment is first of its kind as the directions passed by the Division Bench will go a long way to provide opportunities to the disabled persons to become the members of Subordinate/Higher Judiciary in State of J&K
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