Madhya Pradesh High Court

High Court Judgements

Nilesh Singhal v. State of M.P.

[2008 (118) FLR 871]

Decided On: 26.02.2008

Madhya Pradesh High Court (Indore Bench)

Judges: J. K. Maheshwari, J.

Facts: Petitioner was blind with 100% disability certificate. He appeared in State Civil service and passed pre and main examination but due to his blindness he was not called for interview. Hence, the petition was filed by the petitioner.

Held: Joint reading of Section 32 and 33 of Act makes it clear that Government is duty bound to identify posts in establishment to which reservation must be made to blinds or of low vision. Thus, it is clear that to exempt any establishment, from reservation of Sections 32 and 33 of Act, Notification required to be published in Govt. Gazette. In instant case no such notification has been brought to notice.

The court directed the State Government to initiate steps against non-enforcement of the provisions of Act.