Karnataka High Court
Mr. Hemantha Kumar M N vs The Karnataka Public Service ... on 11 January, 2012
Author: H N Nagamohan Das
Bench: H.N.Nagamohan Das
i IGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH CO i IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 1171 DAY OF JANUARY 2012 BEFORE THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS Mr. Hemantha Kumar M.N. S/o Mr. Mudalagiriyappa.B | Aged 36 years _ Residing at Ward No.34 KSRTC Colony Jogimatty Road Chitradurga ~ 577 501. soe Petitioner (By: Smt. vayna Kotha, Aa) Service Commission Udyog Soucdha ) Bangaiore ~ 560 001 -_ Represented by its Chairman 2. The Secretary : Department of Personnel and Administrative Reforms . State Government of Karnatka No.32, Vidhana Soudha 7 . Bengalore - 560 001 a 3. . The State Government of Karnataka Department of Women and .. Child Welfare M.S Building Bangalore ~ 560 001 Represented by its Principal Secretary i/ i COURT OF KARNATAKA HIGH COURT-OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUR 2 4. The Commissioner for Disabilities No.0 y: Thambuchetty Road Batunine - 560 OOS (By: Sri. Ruben Jacob, Adv. for R1, Sri. N. Amaren, Adv. for R4, & Smt. Manjula R. Se ceminanl: This WP is filed under Article: 226 and 227 of the Constitution of India, praying to «direct the respondents to ect. aside the notification dated PEC 1-RTB 1/2011 produced as Annexure-E herein to the extend that it does not reserve any posts for persons with loz vision and direct the reepondent ifo.1 to reserve 6 posts out of the 9 Pree eT Rnginesre (Cinil} for peroore with visual impairment. 'This petition coming on for Preliminary Hearing this day, the court made the following: ORDER
"i this writ petition the petitioner hae prayed for a writ in the neture of certiorari to quash the notification dated 17.08. 201i Annexure-B issued by the first ; : reapondent inviting application from eligible candidates to fill weesneigs in several departments of Government of < Hacnatika under Group B and C as per Annexure-E, for a direction to the first respondent to consider the application of the petitioner under the oategory of low vision for the post of Junior Engineer and to direct the respondents to oe i wot C/ "a:
Ae 3H COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COL 3 identify post of Junior Bngineer (Civil) to the persons of low - vision.
2. Petitioner is a visually Impaired perton with a 45% disability of vision. Annexure-A iv the certificate | lawued bythe medioal superintensint in proof ofthe visu _ impairment of the petitioner. Petitioner is possessing Diploma in Civil Engineering aa qualified t» appoint as Jumior Engineer. 'Toe Government of Karzatake in its | Gaactte notifloations as per Annemure ~ GO and Annexure ~ _-H reserved 296 of posts © the cansiutaiee who are visually impaired. Despite thi the 'Government in its gaactte notification dated 15. 12.2092 Annexure-J has not reserved ary post in the category of Junior Engineer (Civil) ia PWD Depertinent to the visually impaired persons. Acting on the | grantie notification at Annarure-J, the first respondent has "new issued & notification as per Annexure-E inviting the ; foots without any reservation to the blind and visually : 'impaired persons to the post of Junior Engineer (Civil). In | these ciroumstances the petitioner is before thie Court for the above reliefs.
"og Le | COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUR the entire writ papers. This Court by an interim onto a dated 01.07.2011 directed the respondent Ho. 1 to leap one | post of Junior Bngnoer (Civ) wort in terme of a gamite notification at Annexure - E..
4. Learned single judge of thie court in WP No.1607/2009 vite vrder dated 97.11.2009 considered the government goaatts notification dated 13.12.2002 amd held that the same ic oontracy to the objeot of the Persons . with Disabilities (Equal Cppartunitien, Protection of Rights end Full Participation) Act, 1995 and directed the Goverment to revisw the government notification within a _ time frame of three months. Even to this day, the 'responder Government hes not considered the direction & Aneved ly thin Court and has not reviewed the government SS gazstte notification dated 13.12.2002 Annexure J. review the government geztte notification dated "te fi hye' Hitch COURT OF KARNATAKA HIGH CO! 3 13.12.2002 Annewure-J in terme of the order dated 27.11.2009 in WP 16207/2009 as expeditiously oo possible in any event not later than three months from 7 today Imeping in view the mandate "in Bec, 32 ond 23 | of Disabilities Act. | TMl such time the first reapondent shall keep one post vacant as directed by this Court in its ictarim order dated 01.07.2011. Op review of Annexure, government gazette notification dnted 13. 12 .2002-the first respondent shal A the oany soordingy.
Sd/-
JUDGE