Court judgements: Punjab High Court
1. Jaswant Singh V. State Of Haryana & Another
(2002-03) CXXXII The Punjab Law Reporter 29
Civil Writ Petition No.15196/2001
Decided on: 06.05.2002
Punjab and Haryana High court
Judge: R.L.Anand, J
Fact: Jaswant Singh applied for the post of Quality Inspector. Out of 18 posts of Quality Inspectors, one post was reserved for a physically handicapped person. Being physically handicapped, he applied for the post under the physically handicapped quota. He cleared the test and was called for the interview. But the interview was not conducted on the scheduled date because of a ban imposed by the state government on all recruitments. After waiting for a long time he filed a petition in the Punjab High Court for a direction to the respondents to fill the backlog of vacancies earmarked for the handicapped quota as per the provisions of (sec 33) Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The respondents stated that the process of interview scheduled was scraped because of a ban by the Punjab Government on all direct recruitments in PUNSUP. The question of reservation comes only when the posts can be filled up.
Held: It is mandate of (sec 33) of the PWD Act that 3 percent posts of Government and Corporations/Boards have to be kept reserved for physically handicapped persons. There exist backlog vacancies in the State Board. The respondents’ statement regarding the ban of Government is not an excuse for filling up the backlog vacancies. The ban in recruitment is applied only to the current posts existing with the respondent. So the court directed the respondents to start the process of filling up the vacancies of posts of Quality Inspector under three percent quota to the persons with disabilities coming under the PWD Act.