SWARAJ INDIA Vs. STATE OF GUJARAT
LAWS(GJH)-2016-12-179
HIGH COURT OF GUJARAT
Decided on December 22,2016

Swaraj India Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

VIPUL M.PANCHOLI, J. - (1.) The petitioner who is a member of Ahmedabad district Swaraj Abhayan, Gujarat has filed this Public Interest Litigation in which the petitioner has prayed for the following reliefs: "12(A) Your Lordships may be pleased to allow the present writ petition (P.I.L.); (B) Your Lordshipa may be pleased to issue a writ of mandamus or any other appropriate writ/order/direction directing the respondent authorities to extend three percent reservation to the PWDs in the ongoing recruitment process pursuant to the advertisements at Annexure-D Colly issued by the respondents no.3 to 5 as provided under the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 as well as Government Resolutions at Annexure-G colly. (C) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ/order/direction directing the respondent authorities to cancel the ongoing recruitment process pursuant to the advertisements at Annexure-D Colly issued by the respondents no.3 to 5 and to reissue the advertisements and appoint the persons after providing 3% reservations to the persons with disabilities as provided under the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 de novo. (D) Your Lordships may be pleased to restrain respondent authorities from proceeding further with the recruitment process pursuant to the advertisements issued by them at Annexure-D Colly till and pending hearing and final disposal of this petition. (E) Any other and further relief/s may kindly be granted in the interest of justice."
(2.) Heard learned advocate Mr.Koshti for the petitioner and learned Government Pleader Ms.Manisha Shah for respondent nos.1 and 2 and learned advocate Mr.D.G.Shukla for the respondent nos.4 and 5.
(3.) Learned advocate for the petitioner only contended that the respondent-Gujarat Subordinate Service Selection Board, Gujarat Panchayat Service Selection Board and Gujarat Public Service Commission have published different advertisements in the newspaper for different posts on 15.11.2016 and 16.11.2016 respectively. However, the said respondent authorities have not notified for the reservation for disabled persons as per the provisions contained in Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as 'the Act of 1995'). It is submitted that as per the Act of 1995, 3% reservation is required to be made for the persons with disabilities, in spite of that, in the advertisement which is published in the newspaper, there is no specific reference with regard to the same and therefore this Court may give appropriate directions to the respondents authorities.;


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