HC to state: Respond to plea on disability quota vacancies
MUMBAI, May 16 -- The Bombay high court last week asked the Maharashtra government to respond to a petition seeking a special recruitment drive to fill all backlog vacancies reserved for differently abled persons in various state departments.
The public interest litigation (PIL) was filed by Mission Accessibility, an NGO founded by visually impaired advocates dedicated to the rights and inclusion of persons with disabilities (PwDs). It sought the enforcement of section 34(1) of the Rights of Persons with Disabilities (RPWD) Act, 2016, which mandates a 4% horizontal reservation for PwDs in all government establishments, including educational institutions.
The petition, filed through advocates Prithviraj Choudhary and Sharon Patole, highlighted systemic non-compliance with the law by the Maharashtra government and educational bodies. It cited specific instances such as NGO Laxmi Shikshan Sanstha's failure to reserve posts at its institutions despite numerous vacancies, the denial of reserved positions to eligible candidates, and exploitative temporary contracts imposed on faculty with visual impairments. These violations infringe upon the constitutional rights to equality, dignity, and equal opportunity, the PIL said.
The petitioner highlighted government data, which reveals that only 36% of the 26 million PwDs are employed in India. Notably, 47% of men with disabilities are likely to find employment, compared with just 23% of women, according to the data. In February 2024, the state commissionerate for people with disabilities (SCPD) highlighted that 99.99% of seats reserved for people with disabilities remain unfilled in Maharashtra, the petition said.
Based on this data, the petitioner wrote to the SCPD to report the non-compliance with the reservation mandate in 11 universities and 1,117 colleges in Maharashtra. The commissionerate, in response, directed the state department of higher education to investigate the matter.
Although the department showed no progress in identifying and filling the backlog vacancies, it submitted data revealing the alarming state of vacancies reserved for PwDs, the petition said. The statistics indicated a significant number of unfulfilled reserved posts: 76 out of 89 seats were vacant in Kolhapur, 69 out of 74 seats in Nagpur, 29 out of 30 seats in Mumbai, and 13 out of 28 seats in Solapur....
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