Rajasthan High Court Asks State To Consider Representation For Inclusion Of Persons With Hearing Impairment Under PwD Act
4 years, 1 month ago

Rajasthan High Court Asks State To Consider Representation For Inclusion Of Persons With Hearing Impairment Under PwD Act

Live Law  

The Jaipur Bench of the Rajasthan High Court has dismissed a writ petition seeking a direction to the State Government to include persons with locomotive disabilities and/or hearing impairment under the Rights of Persons with Disabilities Act, 2016. In this backdrop, the Division Bench has ordered, "the State of Rajasthan shall consider amending its earlier notification and to bring it in line with the suggestions made by the Union of India to the extent it intends to do so and without expressing any opinion in this regard, we call upon the State Government to issue necessary modified notification under the Act of 2016 and shall reconsider the applicability of the notification issued by the Union of India in all the various departments of the State of Rajasthan within a period of three months from today." He had also argued that blind people were included in the area of reservation for recruitment of Primary School Teachers, in terms of directions issued by the High Court in State of Rajasthan Versus Vikas Kumar Agarwal. It said, "The petitioner is not entitled to any relief before the decision of the State Government to be taken in light of the said notification dated 04.01.2021 issued by Union of India.

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History of this topic

Candidate With 90% Hearing Impairment Erroneously Not Considered Under PwD Category: Rajasthan HC Directs Appointment On Humanitarian Grounds
1 week, 2 days ago

Candidate With 90% Hearing Impairment Erroneously Not Considered Under PwD Category: Rajasthan HC Directs Appointment On Humanitarian Grounds

Live Law  

The Rajasthan High Court has directed the State to grant appointment to the petitioner, who had 90% hearing impairment and had applied for the post of Safai Karamchari in 2018 but due to some software error was not considered for the draw of lots under the PwD category, resulting in his non-appointment. Justice Arun Monga opined that the petitioner's appointment …

'None Should Be Excluded From Judicial Service Only Because Of Disability' : Supreme Court Strikes Down MP Rule Barring Visually Impaired Candidates
3 weeks ago

'None Should Be Excluded From Judicial Service Only Because Of Disability' : Supreme Court Strikes Down MP Rule Barring Visually Impaired Candidates

Live Law  

In a significant judgment, the Supreme Court on Monday held that no person can be denied consideration for recruitment in the judicial service solely on account of their physical disabilities.The Court held that persons with disabilities must not face any discrimination in their pursuit of judicial service recruitments and that the State must provide them affirmative action to ensure. The …

Gujarat High Court Issues Notice On Plea To Implement 4% Reservation In Promotions For Persons With Disabilities Employed By State
2 months ago

Gujarat High Court Issues Notice On Plea To Implement 4% Reservation In Promotions For Persons With Disabilities Employed By State

Live Law  

The Gujarat High Court on Monday issued notice to the Union Ministry of Social Justice and Empowerment and the Department of the Empowerment of Persons with Disabilities on a plea for immediate compliance of an Office Memorandum mandating 4% reservation in promotions for State employees with disabilities under the Rights of Persons with Disabilities Act. The Office Memorandum, issued by …

Supreme Court Issues Notice On Plea To Include Rajasthani Language As Medium Of Instruction In Rajasthan Schools
2 months, 1 week ago

Supreme Court Issues Notice On Plea To Include Rajasthani Language As Medium Of Instruction In Rajasthan Schools

Live Law  

The Supreme Court last week issued notice on a petition seeking to include Rajasthani as a language to impart education to children in schools. The petitioners also sought directions to include Rajasthani Language in the examination syllabus of Rajasthan Eligibility Examination for Teacher. A bench comprising Justice Vikram Nath and Justice Sandeep Mehta issued notice to the State of Rajasthan, …

Supreme Court's Key Decisions On Rights Of Persons With Disability In 2024
2 months, 3 weeks ago

Supreme Court's Key Decisions On Rights Of Persons With Disability In 2024

Live Law  

The Supreme Court in 2024 made several important decisions relating to the rights of Persons with Disability. Here are the key judgements, orders and observations on Disability Rights: In a significant judgment boosting disability rights, the Supreme Court directed the Union Government to frame mandatory rules as required under Section 40 of the Rights of Persons with Disabilities Act, 2016, …

Candidate Turns 100% Blind After Submitting Application: Rajasthan HC Permits Him To Change Category, Avail PwD Quota; Calls It 'Act Of God'
3 months, 1 week ago

Candidate Turns 100% Blind After Submitting Application: Rajasthan HC Permits Him To Change Category, Avail PwD Quota; Calls It 'Act Of God'

Live Law  

Rajasthan High Court allowed writ petition filed by a candidate for the post of a teacher for changing his category from “unreserved” to “physically handicapped” when his blindness transformed from 40% to 100% in between submission of application and publication of result. Opining it to be an instance of Vis Major, the bench of Justice Anoop Kumar Dhand ruled that …

Infrastructure Of District Courts In Punjab & Haryana Not Disabled Friendly, High Court Asks Building Committees To Take Action
4 months ago

Infrastructure Of District Courts In Punjab & Haryana Not Disabled Friendly, High Court Asks Building Committees To Take Action

Live Law  

From an affidavit filed by the governments of Punjab and Haryana, the High Court has found that the infrastructure in district courts and sub-district courts in the states are not disabled friendly.Chief Justice Sheel Nagu and Justice Alok Jain observed that, "The charts filed by the State of Punjab as well as State of Haryana reveal that there are several …

Hearing & Speech Impaired Woman Moves Kerala High Court Invoking S.7 Of Disabilities Act For Protection Against Abuse By Miscreant
4 months, 1 week ago

Hearing & Speech Impaired Woman Moves Kerala High Court Invoking S.7 Of Disabilities Act For Protection Against Abuse By Miscreant

Live Law  

A plea has been moved before the Kerala High Court by a differently abled woman seeking direction from the Court for police protection against the threat of abuse by relying upon Section 7 of the Rights Of Persons With Disabilities Act of 2016. The petitioner submitted that as per Section 7 of the Act, any police officer on receipt of …

Persons With Disabilities Should Not Be Deprived From Public Employment Despite Being Eligible & Meritorious On Hyper-Technical Grounds: Rajasthan HC
6 months, 2 weeks ago

Persons With Disabilities Should Not Be Deprived From Public Employment Despite Being Eligible & Meritorious On Hyper-Technical Grounds: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that the intention behind enacting the Persons with Disabilities Act, 1995, and the Rights of Persons with Disabilities Act, 2016 was to ensure full participation of people with disabilities in public employment and all-round efforts were needed to ensure that no opportunity was left for their integration into the mainstream society. All-round efforts are required …

Candidates With Locomotor Disability Can't Be Appointed On Posts Reserved For Blind/ Hearing Impaired Candidates Unless Such Persons Unavailable: Kerala HC
2 years, 5 months ago

Candidates With Locomotor Disability Can't Be Appointed On Posts Reserved For Blind/ Hearing Impaired Candidates Unless Such Persons Unavailable: Kerala HC

Live Law  

The Kerala High Court recently held that where a post has been reserved for blind/ hearing impaired candidates under Section 34 of the Right of Persons with Disabilities Act, 2016, candidates having locomotor disability cannot ordinarily raise a claim to be appointed to the said post, but only at the last instance where no such candidates originally eligible to the …

S.34 Rights Of Persons With Disabilities Act Challenged Over Exclusion Of Persons With Haemophilia: Rajasthan High Court Issues Notice
2 years, 11 months ago

S.34 Rights Of Persons With Disabilities Act Challenged Over Exclusion Of Persons With Haemophilia: Rajasthan High Court Issues Notice

Live Law  

The Rajasthan High Court has issued notice to Centre on a plea challenging the constitutionality of Section 34 of the Rights of Persons with Disabilities Act, 2016 inasmuch as it does not provide benefit of reservation to the persons with disability of Haemophilia. The petitioner also sought direction to the respondent authorities to include persons with disability of Haemophilia under …

'Open To Teachers To Raise Concerns To Authorities In Case Of Personal Difficulties', Rajasthan HC Dismisses Plea Seeking Directions To State To Not Deploy Teachers As BLO
3 years ago

'Open To Teachers To Raise Concerns To Authorities In Case Of Personal Difficulties', Rajasthan HC Dismisses Plea Seeking Directions To State To Not Deploy Teachers As BLO

Live Law  

The Rajasthan High Court dismissed writ petitions seeking directions to the respondents-state to not deploy teachers as Booth Level Officer in view of the provisions of the Right of Children to Free & Compulsory Education Act, 2009. Further, the petitioners relying on the circulars issued by the education department dated 18.10.2011 and 01.06.2012, sought a specific direction that as the …

Reservation In Promotions For Persons With Disabilities : Centre Seeks Clarifications On Supreme Court Verdict
3 years, 6 months ago

Reservation In Promotions For Persons With Disabilities : Centre Seeks Clarifications On Supreme Court Verdict

Live Law  

The Central Government has filed an application in the Supreme Court seeking clarifications with respect to its judgment which declared that persons with disabilities have right to reservation in promotions.On Tuesday, a bench comprising Justices L Nageswara Rao, BR Gavai and Sanjiv Khanna heard arguments on the Centre's application, which seeks clarifications with respect to the. The Central Government has …

Rajasthan HC Grants 20% Concession Of Marks To Persons With Disability In Eligibility Examination for Teachers [Read Order]
5 years, 7 months ago

Rajasthan HC Grants 20% Concession Of Marks To Persons With Disability In Eligibility Examination for Teachers [Read Order]

Live Law  

Allowing various Writ Petitions filed against the State, the Rajasthan High Court granted relaxation to persons with disability to the tune of 20% marks in passing/qualifying marks in Rajasthan Eligibility Examination for Teachers. The Petitioners were aggrieved by the State of Rajasthan's policy that did not permit any relaxation to persons with disabilities in REET. The Respondent State submitted that …

Rajasthan HC Dismisses Appeal On Interlocking Reservation For Vacant Posts [Read Judgment]
8 years, 5 months ago

Rajasthan HC Dismisses Appeal On Interlocking Reservation For Vacant Posts [Read Judgment]

Live Law  

Dismissing an appeal petition on interlocking reservation, the Rajasthan High Court recently affirmed that reservation for the physically handicapped is horizontal and cannot be merged with vertical reservation for determination of eligibility and vacancies.The order by a division bench of Chief Justice Navin Sinha and Justice Vijay Kumar Vyas was against. Dismissing an appeal petition on interlocking reservation, the Rajasthan …

Rajasthan HC Dismisses Appeal On Interlocking Reservation For Vacant Posts [Read Judgment]
8 years, 5 months ago

Rajasthan HC Dismisses Appeal On Interlocking Reservation For Vacant Posts [Read Judgment]

Live Law  

Dismissing an appeal petition on interlocking reservation, the Rajasthan High Court recently affirmed that reservation for the physically handicapped is horizontal and cannot be merged with vertical reservation for determination of eligibility and vacancies.The order by a division bench of Chief Justice Navin Sinha and Justice Vijay Kumar Vyas was against. Dismissing an appeal petition on interlocking reservation, the Rajasthan …

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