Excelsior Correspondent
JAMMU, Aug 14: Coming to the rescue of disabled persons who have not been given opportunity to appear in KCS (Judicial) Examination, Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Hasnain Massodi has directed the Social Welfare Department to examine the matter and take a decision regarding extension of benefit under Section 21 of Equal Opportunities Act within three months.
“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”, the DB said.
These disabled-friendly directions were passed by the Division Bench in a Public Interest Litigation filed by Jyotsna Mengi through Advocate 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.
“The Act intends 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 is to reserve vacancies in Government service for such persons”, the petitioner submitted.
The Counsel appearing for the PIL submitted that there was no reason for the respondents to deny benefit available to the differently-abled persons aspiring for the Jammu and Kashmir Civil Service (Judicial) exam 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”, he added.
After hearing Advocate S P Mengi for the PIL, Senior Advocate D C Raina with FA Natnoo for PSC and Senior AAG Gagan Basotra for the State, Division Bench directed Social Welfare Department 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 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 and the High Court”, the DB said.
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