AMBEDKAR ROAD,
BANGALORE-560 001.
3. THE STATE COMMISSIONER FOR
PHYSICALLY HANDICAPPED
(EQUAL OPPORTUNITY,
PROTECTION OF RIGHT AND
EQUAL PARTICIPATION),
NO.55, 2ND FLOOR,
KARNATAKA ... assailing the
order dated 26.03.2016 passed by the State
Commissioner for Physically Handicapped - (respondent
No.3) directing the petitioner to appoint the respondent
Graduate
counseling at All India Level has published, a notice for
Physically Handicapped Candidates which states as
under:
The candidates belonging to PH category ... Ministry that 5 percent
reservation will be given to all physically
handicapped candidate as per the benchmark
of Social Disability Act, 2016. Hence, this
Petitioner submitted her application under
the S.C. category reserved for physically handicapped.
As per the notification issued on 22.2.2008 Annexure-C,
two posts were ... under S.C. category, of which
one post was reserved for physically handicapped and
another under the category of II-B. On completion of
process
made
on 23.07.2012. The petitioner had sought admission
under the physically handicapped quota claiming to
suffer hearing impairment. The petitioner contends that
the necessary documents ... required to be considered
under the physically handicapped quota had been
submitted, pursuant to which the petitioner being
selected under the said quota had joined
Junior Lineman and sought
consideration of their case under the Physical
Handicap quota. In order to claim the said
reservation, they have produced medical certificate ... disabled persons to be selected under the reservation
quota for physically handicapped persons and when
certificate is obtained from the competent authority to
the said
Caste and also physically challenged who was
selected to the post of Junior Engineer (Civil) in the quota
reserved for physically handicapped. Petitioner thereafter ... which provision has
been made under the Act for reservation to physically
handicapped persons as required in law. In that regard it is
contended that
month of October 2015. The petitioner is
physically handicapped having 45% disability on right leg which
is certified by the authorized Government Doctor ... wife. It is
further submitted that since, he is physically handicapped
person, he has to be protected under the provisions of the
Persons with Disabilities
perused the records.
4. The petitioner claiming herself to be a
physically handicapped lady, having disability of
60% and also obtained 71.16% in the SSLC ... Guideline No.13,
wherein it says that, if widow and physically
handicapped persons have applied for the post of
Anganawadi Assistants, they shall be directly
same post by Smt.
Shashikala who is said to be a physically handicapped
person. Hence, the same was referred to the revenue
authorities for investigation ... investigation has
indicated that the objector Smt. Shashikala who is
physically handicapped is already getting the pension
under physically handicapped persons' welfare scheme
Disabilities contending that no reservation has been
made for physically handicapped person and therefore a
consideration be made in that regard. Since, the
selection process ... that regard, there
was a requirement to reserve one post for physically
handicapped, at that stage, the posts for IIA category
was limited to three