Advertisement For Post Can't Be Contrary To Law: P&H HC Directs Reconsideration Of Candidate Denied Disability Reservation For Asst Lineman Post

Observing that an advertisement to the post cannot be contrary to law, the Punjab & Haryana High Court has directed to consider candidates unjustly denied benefit of reservation for the post of Assistant Lineman.

Jagmohan Bansal said, "There is no change in the legal position from 2013 to 2024. In the absence of change in legal position, there was no reason to deny benefit of reservation to persons with disability of one leg in 2019-2020 and grant in 2023. The stand of respondent is contradictory, arbitrary and whimsical."

"The respondent has attempted to deny substantial benefit to persons who are unfortunately suffering from physical disabilities. The respondent was bound to comply with 2016 Act and notification issued thereunder. The respondent instead of adopting pragmatic, compassionate and holistic approach has followed pedantic and harsh approach," the Court added.

Stating that the order may prompt fence sitters to approach this Court, It also clarified that "the benefit of this order shall be available only to present petitioners and it would not be available to any fence sitter otherwise there would be no end of litigation and it may open Pandora's Box."

The Haryana Staff Selection Commission (HSSC) had advertised post of Assistant Lineman in 2019 and it had confined the benefit of reservation for persons with disability of hearing. A batch of plea was filed challenging the denial of benefit of reservations to persons with disability of one leg.

It was argued that respondent had arbitrarily denied benefit of reservation to persons with disabilities other than hearing and there is no reason to confine reservation for persons with disability of hearing. The Government had further appointed persons with disability of one leg in the selection process of 2023, it added.

After examining the submissions, the Court noted that a candidate cannot be estopped from assailing clause of advertisement which are arbitrary and violative of Article 14 of the Constitution of India.

It found that the the advertisement on the ground that it is contrary to the Rights of Persons with Disabilities Act, 2016 as well as notifications issued by Government of India and Government of Haryana.

Justice Bansal highlighted that the "respondent acting beyond its jurisdiction and contrary to statutory provisions has confined benefit of reservation to persons with disability of hard of hearing whereas persons with disability of one leg are equally entitled for the post."

The judge stated that it is apt to mention here that notification of 2001 issued by Government of India identified post of Assistant Lineman for persons with disability of hearing whereas notification dated 29.07.2013 identified for persons with disability of one leg as well as hard of hearing.

In the light of the above, the Court opined that Haryana Government has wrongly rejected candidature of persons with disability of one leg and allowed the petitions, directing the authorities to consider all those petitioners who are with disability of one leg.

It also clarified that petitioners suffering with other benchmark disabilities, on account of this judgment, would not be eligible for the post of Assistant Lineman.

Title: Vikram and others v. State of Haryana and others

Mr. Rajkapoor Malik, Advocate for the petitioner (in CWP-14773-2022 & CWP-8345-2024)

Mr. Ravinder Malik (Ravi), Advocate and Mr. Ritender Rathee, Advocate for the petitioner (in CWP-12898-2022)

Mr. Jasbir Mor, Advocate and Mr. Virender Gill, Advocate for the petitioner (in CWP Nos.13023, 15279 and 14301 of 2022)

Mr. Aazam Khan, Advocate for Mr. Sanjeev Kumar, Advocate for the petitioner (in CWP-1137-2023)

Ms. Anjali Sheoran, Advocate for the petitioner (in CWP-12714-2022)

Ms. Palika Monga, DAG, Haryana. Ms. Nikita Goel, Advocate for respondents-UHBVN in CWP-12898-2022.

Mr. Udit Garg, Advocate for respondent No.2 in CWP- 14773-2022 & CWP-13023-2022 for respondent No.3 in CWP-12848-2022, CWP-23349-2022, CWP-14301-2022, CWP-1137-2023 and CWP-8345-2024.

Mr. Nikhil Lather, Advocate for Mr. Anurag Goyal, Advocate, for the applicant in CM-11123-CWP-2024 in CWP-13023-2022.

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