Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 69676 of 2015 Petitioner :- Vishwa Manav Seva Samrpan Sansthan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Yadav Counsel for Respondent :- C.S.C.
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Mr. Santosh Yadav, learned counsel for the petitioners and Mr. R.N. Pandey, learned Standing Counsel for the respondent-State.
The petitioners' society, in short, seeks direction to the concerned respondents to implement or to give effect to the provisions of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. This Act provides a 3% reservation for physically handicapped persons. Though the petitioners have made such a prayer, they have not quoted a single instance, on the basis of which, it could be said that the respondents are not implementing the provisions thereof in letter and spirit. When we so expressed, counsel for the petitioners submits that the petitioners may be given liberty to raise a similar challenge, if the circumstances so demand.
In the circumstances, we dispose of this PIL with liberty to the petitioners' society or any other aggrieved person to raise a challenge either to the advertisement for recruitment or the process of promotion, if such an advertisement is issued or promotions are made without implementing the provisions of the Act.
Order Date :- 18.4.2017 VMA
(Yashwant Varma, J) (Dilip B Bhosale, CJ)