Case Law Details
Direction issued to State and PSC for consideration /providing reservation to persons with disabilities on cadre post of State Administrative Service.
1. The petitioner is a visually handicapped/differently abled person who suffers from 100% blindness. He appeared in the Civil Services Examination conducted by the Chhattisgarh Public Service Commission for which advertisement was issued on 26-12-2011 and published on 28-12-2011. The petitioner after clearing the preliminary examination appeared in the mains examination on 4-5- 2013 and he was interviewed also between 27-11-2013 and 27-12-2013. He submitted his preference for the post of Naib Tahsildar and four other posts on 28-11-2013 and he also claimed age relaxation on the said post as he was, on the cutoff date, aged 38 years 5 months 11 days and on 30- 12-2013, result was declared. The petitioner secured tenth position in the merit list and thereafter he was appointed on the post of Naib Tahsildar.
2. Thereafter, the petitioner filed writ petition on 3-2-2014 stating inter alia that a writ be issued directing the respondents to grant upper age relaxation up to 10 years to the petitioner for Class-II post and also prayed relief that he be considered for appointment on the post of Deputy Collector and further prayed that the respondent Chhattisgarh PSC be directed to reserve vacancies not less than 3% for persons or class of persons with disability as per Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short ‘the Act of 1995’).
3. Return has been filed by the State Government holding that the State Government in accordance with the proviso to Section 33 of the Act of 1995 issued notification dated 7-9- 2006 exempting the cadre posts of State Administrative
Services from the operation of Section 33 of the Act of 1995 and the benefit of age relaxation of 10 years is only available to Class-III and Class-IV posts as per the circular dated 12-2-1981.
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