HC seeks state's response to plea for filling vacant disability quota posts
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 across Maharashtra. The commissionerate, in response, directed the state department of higher education to investigate the matter and take corrective measures.
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 in Maharashtra, 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.
Supported by government orders, RTI responses, media reports, and affidavits, the petitioner sought directions for a special recruitment drive to fill backlog vacancies, audits, and corrective recommendations by the SCPD, strict institutional compliance with the RPWD Act, and to address the systemic discrimination faced by PwDs in educational employment in Maharashtra.
Taking cognisance of the matter, a division bench of chief justice Alok Aradhe and justice MS Karnik directed the state to submit its response through the respondent parties—the Department of Higher and Technical Education, the Department for Welfare of Persons with Disabilities, and the SCPD—within four weeks.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
New Indian Express
2 hours ago
- New Indian Express
Constitution's Ninth Schedule: An innovation born in Madras
For decades, the arrangement held. In Sankari Prasad Singh Deo (1951), the Supreme Court upheld the Ninth Schedule's immunity, effectively creating a political-judicial truce. Reformist laws could be protected from litigation, giving the legislature room to pursue a redistributive and regulatory agenda, while the court's larger interpretive authority over the Constitution remained formally undisturbed. Through the 1950s and 60s, the Ninth Schedule became an impregnable vault for laws on land reforms, industrial regulation and social welfare. But the balance shifted in the 1970s. In Kesavananda Bharati (1973), where a 13-judge bench articulated the now-foundational 'basic structure' doctrine, holding that parliament's amending power under Article 368 could not be used to alter the Constitution's essential framework. This principle eventually came home to the Ninth Schedule, most squarely in I R Coelho (2007), where the court ruled that post-1973 entries could be struck down if they violated the Constitution's basic structure. Thiruvenkatachari's 'impregnable armour' now bore apertures: the shield still stood, but judicial review had found a way to penetrate its walls. Today, the same questions that may have haunted the 1950s have returned. Legislatures still reach for the armour of insulation when passing contentious laws. The Maharashtra (Socially and Educationally Backward Classes) Act attempted to exceed the 50 percent reservation ceiling, only to be struck down in 2021. Expansive welfare schemes are ring-fenced to escape fiscal scrutiny. Most recently, the 103rd Constitutional Amendment creating the economically weaker sections quota was defended in Janhit Abhiyan(2022) partly on the claim that affirmative action must be shielded from judicial review. The old dilemma refuses to die: does placing a law beyond review fortify the march of social justice, or does it erode the promise of equality, federalism and fundamental rights on which the Constitution stands? As Justice Rohinton Nariman notes in The Basic Structure Doctrine: Protector of Constitutional Integrity, the survival of our constitutional order depends not on the absence of conflict between the legislature and the judiciary, but on the fidelity of each to the boundaries that the Constitution has drawn. On this Madras Day, that is more than a legal truism—it is a tribute to a city whose legal imagination once bent the arch of India's constitutional history, and a reminder that the spark lit by Thiruvenkatachari continues to illuminate India's journey. Debarshi Chakraborty | Advocate, Delhi High Court (Views are personal)
The Print
2 hours ago
- The Print
Odisha home guard association chief threatens suicide over unresolved issues
Mallik said the Orissa Home Guards Act, 1961, was still governed by colonial laws which deprived them of basic rights such as pension, Employee's Provident Fund and adequate leaves. In a viral video message, Mallik, who is the platoon commander of Jajpur Home Guard, warned of self-immolation in front of the Odisha Assembly on August 25 if Chief Minister Mohan Majhi did not give him a chance to put forth his concerns over service conditions. Jajpur (Odisha), Aug 21 (PTI) President of Odisha Home Guard Association Ranjan Kumar Mallik has threatened to die by suicide over unresolved issues involving the force in the state on Thursday. 'The senior officers are harassing the home guards due to the prevailing Act. As a result, the home guard fraternity is leading a very measurable life,' he alleged in the video. In a letter to the chief minister citing a 15-point charter of demands, Mallik also leveled allegations of conspiracy and death threats targeting him as he was being vocal about the poor service conditions of the home guard fraternity. 'This non-regularisation of home guard service is a conspiracy. I know the reality behind the delays in effecting Supreme Court and high court orders. I also know who all are behind it,' claimed Mallik. He also offered to undergo a polygraph test if he resorted to telling lies. 'If the CM finds my claims questionable, I am ready for even a polygraph test. If found guilty of any aberrations, I will gladly embrace whatever punishment is given to me,' he said. 'There may be a threat to my life before August 25. But if I survive till then, I will give proof of what all conspiracy is being hatched against our service,' he added. He urged the chief minister to allow him time to meet him personally so that he would produce evidence of what he claims. 'On August 25, I will end my life in front of Vidhan Sabha if I am not allowed a chance to put forth my concerns,' Mallik said. Mallik had earlier grabbed the headlines after he wrote to President Droupadi Murmu seeking mercy killing for being unable to sustain his family on the salary despite approaching the highest court of the country two years back. He also criticised the previous BJD government for stopping new recruitments. In November 2024, the BJP government lifted the ban on home guard appointments and Mallik had welcomed it. PTI COR AAM AAM NN This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.
India Today
3 hours ago
- India Today
People lost life savings: Ashwini Vaishnaw on why Centre banned real-money games
"There are people who have lost their entire life savings," Union Minister of Information and Broadcasting Ashwini Vaishnav said while defending the Online Gaming Bill, which provisions banning online betting games and seeks to encourage e-sports and social on August 20 passed the Promotion and Regulation of Online Gaming Bill, 2025, which introduces strict rules and penalties for online money gaming companies, their promoters, and even individuals involved in during an exclusive conversation with India Today TV, Vaishnav said, "The problem is, when celebrities endorse such games, people think that it is okay to play and once they get into this game, the way the algorithms are designed initially, you will keep on winning small amounts then suddenly there is a big loss". "There are people who have lost their entire life savings," he per the new Act, banks and financial institutions will not be allowed to process or transfer funds for real-money online Bill also makes way for a complete prohibition on advertisements promoting real-money gaming, continued promotion of E-sports and non-monetary skill-based games and strict action against unregistered or illegal gaming to the question about the accessibility of the apps offering betting and other money games and whether they should be so easily available to children, who can easily be tempted to make quick money, Vaishnav said, "That's the major question. Should we make it easily available, or should we try to control it? So, we are trying to control it so that, at least, it is not so obviously available, and it is not endorsed by celebrities and sports persons so that it doesn't become a major role model for the youth and students".The Union minister cited an incident wherein one of his journalist friends told him that his son, who is a class 6 student, lost Rs 38,000 playing an online betting game."So I mean this is just one small example, there are hundreds and hundreds and thousands of such examples in society," he the possibilities of certain platforms being able to shift their servers outside India and those which are legal in India at present could go underground, the minister said that the government has put in place a mechanism by which the activities that are basically illegal coming from offshore servers are regularly being blocked and action is being FOR VIOLATIONSThe bill provisions imprisonment and fines of up to Rs 2 crore for different levels of violations. This includes offering online money gaming services, making or promoting advertisements for such banned games, and engaging in transactions or authorisation of funds linked to banned games, among Bill makes punishments stricter for repeat a company is found guilty of an offence under this Bill, not only the company but also the persons in charge of its operations at the time of the violation will be held INDUSTRY CONCERNEDadvertisementFeeling the heat of the legislation, the All India Gaming Federation (AIGF) wrote to Union Home Minister Amit Shah, seeking urgent intervention on the Bill, warning that a blanket prohibition could inflict severe damage on the sector. It stressed the need for "progressive regulation".The sector, valued at around Rs 2 lakh crore, generates substantial revenue and contributes significantly to taxation, underscoring its economic significance.- EndsMust Watch
