HC refuses relief to civil services aspirant seeking appointment from disability quota
MUMBAI: The Bombay high court on Monday disposed off a petition filed by a person with disability, seeking retrospective appointment to the civil services based on his performance in the 2008 examination. He alleged that he was denied reservation due to his mental disability. Holding that the selection process was valid, the court stated that it could not grant relief to the petitioner based on his marks from the 2006-2008 selection process.
The petitioner said that upon a literal interpretation or rather misinterpretation of the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, reservations for persons with disabilities were provided only for 3% of the posts. Further, the posts identified were for only those suffering from blindness or low vision, hearing impairment, and locomotor disability or Cerebral Palsy. No posts were identified for those suffering from any mental illnesses.
The petitioner stated that he was afflicted by obsessive-compulsive disorder (OCD), which is considered a mental disability within the meaning assigned under Section 2(s) of the Rights of Persons with Disabilities Act, 2016 (2016 Act). He pleaded that despite him suffering from mental illness, he could not apply to the posts reserved for persons with disabilities in the selection process. Therefore, he applied to be considered against the posts reserved for the OBC category.
In the examination held in 2008, the petitioner secured 1110 out of 2300 marks. However, he could not get a position under the OBC category. He stated that the last candidate selected in the category reserved for persons with disabilities had secured only 991 marks out of 2300. 'If posts were to be identified and reserved for those suffering mental illness, then he would have certainly secured a position in the civil services in the year 2008 itself,' the petition stated.
Citing a 2013 judgment passed by the Delhi high court, the petitioner argued that the definition of 'person with disability' includes a person suffering from mental illness. He contended that the exclusion of those suffering from mental illnesses rendered the provisions of the 1995 Act arbitrary and unconstitutional due to the vice of under inclusiveness.
The 2016 Act came into force, which legislatively redressed the petitioner's concerns by expanding the definition of disability and included mental illness, autism spectrum disorder, intellectual disability, specific learning disabilities, and others, which were not covered under the 1995 Act.
Based on the changed legal position under the 2016 Act, the petitioner represented to the central government and the Department of Disabilities that he should be appointed to the Civil Services based upon his performance in the 2006–2008 selection process. However, his representations were rejected by a communication dated July 5, 2018, and February 27, 2019. He was informed that no changes could now be made to the selection process that had concluded in 2008. Aggrieved by this, the petitioner approached the Bombay high court on April 1, 2019.
However, observing that the grant of relief would lead to administrative chaos, the division bench of justice MS Sonak and justice Jitendra Jain disposed off the petition. It noted that his appointment at this point of time will give rise to several complications regarding seniority, induction, etc. 'The petitioner's case was fairly and sympathetically considered but the authorities quite correctly found it difficult to grant the petitioner relief that he was seeking at this point of time,' it concluded.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
2 days ago
- Time of India
RTI reply flags rise in teen pregnancies in Madurai PHCs
Madurai: As many as 1,127 teen pregnancies below 18 years of age were recorded in 2023 and 2024 in primary health centres (PHCs) in Madurai district, according to the latest response received by a health activist to a Right to Information (RTI) Act petition. The reply received by activist A Veronica Mary said 698 teen pregnancies were recorded last year alone. It showed that the most teen pregnancies during the period of query were reported in Saptur, T Pudupatti, and Viradhanur. "Any teen pregnancy under 18 years of age by default is a crime, be it through child marriage, sexual assault, or love affair. While some cases are being reported through the childline 1098, it is also the duty of the health department staff to report all such cases," she said. She said some teen pregnancies (below 18 years of age) are going unreported to police and other departments due to ambiguous claims by parents about the child's age. This should be looked into. Health officials maintained that in case of minors, all teen pregnancy cases are reported by doctors to police and social welfare department, as per protocol. Activists have called for a comprehensive plan to create awareness among teen girls and boys and better surveillance to bring down the numbers. K Saravanan, president, Peace Club, who has organised awareness programmes about child sexual abuse, said teen pregnancies are part of a larger issue of parental negligence. "Teen pregnancies are more prevalent in communities and areas where parents are poor economically and are often absent in their children's lives. Even if they are present, some of them may be abusive towards their spouses. Hence, children isolate themselves and engage in love affairs for attention without knowing the consequences," he said. He said teachers can play a positive role in the lives of such children and watch out for signs and get them help. P Premalatha, chairperson, child welfare committee (CWC), Madurai, urged the public to come forward to alert and report if they know of any case of child marriage or child abuse. "In case of a minor being pregnant, we counsel the child and parents and support them in getting abortion if possible or have the child born and surrendered. Safety and security is important for the teen in such a stressful situation," she said.
The Hindu
2 days ago
- The Hindu
Global recognition for Karnataka's Tobacco Control Cell
Karnataka's State Tobacco Control Cell has been honoured by the World Health Organisation (WHO) for excellence in tobacco control in the South-East Asia region. Each year, the WHO recognises and felicitates the best performing States in the South-East Asia region for their exemplary efforts in tobacco control. Health Minister Dinesh Gundu Rao received the award from WHO representatives in Bengaluru on Saturday. COTPA amendment Tightening tobacco control laws, the Karnataka government last month notified major amendments to the Cigarettes and Other Tobacco Products Act (COTPA), 2003, on the occasion of the World No Tobacco Day observed on May 31. The amendments — through which the maximum fine for violations under tobacco control laws has been increased from ₹200 to ₹1,000, and the legal age for purchasing tobacco products been raised from 18 to 20 years — were approved by President Droupadi Murmu on May 23. The amended Act — the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) (Karnataka Amendment) Act, 2024 — was published in the Karnataka Gazette on May 30.
The Hindu
2 days ago
- The Hindu
Concern over ‘non-translation' of teenage pregnancies into POCSO Act cases
Based on Right To Information (RTI) data, an activist has expressed concern over the alleged non-translation of teenage pregnancies into Protection of Children from Sexual Offences (POCSO) Act cases in Madurai district. As per the RTI obtained by A. Veronica Mary, a health activist based in Madurai, in the 87 Primary Health Centres (PHC), 55 in rural and 32 in urban, located in the district, a total of 1,127 deliveries were performed in teenagers, aged under 18, between 2023 and 2024. While 429 deliveries were registered in 2023, 698 deliveries were performed in 2024, according to the data. Of all the PHCs in the district, Saptur PHC with 31 deliveries stood first, and T. Pudhupatti PHC with 30 deliveries, Virathanur PHC with 29 deliveries, Kancharampettai PHC and Thaniyamangalam PHC with 26 deliveries and Thumbaipatti PHC 25, followed in the list. Ms. Mary, pointing out the appalling number of teenage pregnancies recorded in the PHCs, questioned whether all of the pregnancies had been translated into POCSO. As per the system, the doctor or the hospital or the institution, whoever is first learning about the pregnancy of a minor girl, either through Child Line number 1098 or through available means, should inform the district administration, she added. Following the registration of the complaint, the District Child Protection Unit (DCPU) or the Child Welfare Committee (CWC) should inform the police in addition to providing counselling or support to the victim, Ms. Mary stated. While there was a system or mechanism to bring the issue of teenage pregnancy to the notice of the police to follow up on the matter, the difference in POCSO cases in comparison with the RTI data showed that there existed a gap in the process, she alleged. Instead of reacting to such minor pregnancies, Social Welfare Department officials along with the Police Department should carry out awareness campaigns in schools and villages, she suggested. A social welfare department official who did not want to be named said that any information they receive regarding minor marriage or pregnancy, would be informed to the police. 'Even doctors are directed to inform the DCPU or social welfare department about the teenage pregnancies they come across. So, we have a tab on all such incidents in the district,' the official added.
