The Rajasthan High Court recently ordered the state government to amend its notice to allow the hearing impaired to be appointed to the post of primary school teacher.
The bench of Supreme Judge Indrajit Mahanty and Judge Satish Kumar Sharma heard a request from a Kaushalya to issue an order to the state government to include locomotive disabled people as well as the hard of hearing (hard of hearing) in the category of reservations for the Law on the Rights of People with disabilities, 2016.
The matter before the Tribunal
The petitioner’s lawyer also presented to the Court of Justice the most recent notice from the Union of India (dated January 4, 2021) communicated by the Department of Social Justice and Empowerment that identified posts should be reserved for people with disabilities after reviewing such list .
Significantly, in accordance with the instructions of Rajasthan High in the Rajasthan State v. Vikas Kumar Agarwal case (resolved on July 2, 2013), the state of Rajasthan had made the necessary changes to the notification and included the blind in the area of the reservation for the recruitment of elementary school teachers.
As a result, this resulted in the immediate petitioner not being considered a reserved category for a post reserved under the 2016 law.
The Advocate General submitted this notice, asserting that the petitioner could not be granted a reservation or review of posting under the 2016 Act, within the meaning of the notice issued by the State of Rajasthan, as people with hearing impairments could not be accepted as primary school teachers.
With this in mind, the Court ordered the State of Rajasthan to
“(To) consider amending its previous communication to bring it into line with the Union of India’s proposals, if that is intended.”
Without giving an opinion in this regard, the court asked the state government to
“To issue the amended notice required under the 2016 Law and review the applicability of the notice issued by the Union of India in all various departments of Rajasthan for a period of three months from today.”
The Court also expressed its hope and confidence that the State of Rajasthan would make an early decision on this matter if circumstances warrant.
In related news, the Kolkata Supreme Court recently overturned an order removing a blind professor from the Haringhata Mahavidyalaya from the position of head of the Bengali department, mainly due to his physical disability.
A single judicial bank, Ravi Krishan Kapur, found that the July 31, 2017 memo in which the petitioner was removed was in direct violation of the provisions of the 2016 Disability Rights Act.
“On reviewing the offending memo, it is evident that other than physical disability due to blindness, no other reason is alleged in the offending memo that the petitioner was removed as a division head from the Department of Bengali in the US. I find the offending memo also directly violates the three provisions of the Disability Rights Act of 2016, and specifically violates the provisions of Section 20 of said Act, “the bank said.
Case title – Kaushalya v. State of Rajasthan and others [D.B. Civil Writ Petition No. 18386/2019]
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