PwD job reservation: Writ petition filed against State Govt

PwD job reservation: Writ petition filed against State Govt

Dimapur, April 18: A writ petition (C) No. (K)/2018 was filed Wednesday before the Gauhati High Court, Kohima Bench against the Government of Nagaland failure to implement job reservation for persons with disabilities in toto.
The motion was moved before Justice S. Serto, Judge Gauhati High Court today. The notice has been issued to the State respondents and the matter is to be listed after four weeks. The State of Nagaland represented by the Chief Secretary, the Commissioner & Secretary, P&AR Department has been named as respondents in the writ petition while the Chairman, NPSC is named proforma respondent.
In the writ petition filed, the petitioner, Toviholi Swu, who is a person with visual disability and certified as 40% disabled by the certifying authority, challenged the results of the Nagaland Public Service Commission (NPSC) dated 30-10-2017 on the plea that the result was declared without giving reservation to people with disability in the group A and B posts.
The writ petition elucidated that since the Act of 1995 for the persons with disability has been enacted, the state of Nagaland has acted in subterfuge by not implementing the Act in the manner it should be, thereby depriving the marginalised of their share of reservation. While the Act of 1995 provides for minimum 3% reservation of jobs for the disabled in the State Government/public undertaking institutions, the Act of 2016 provides for minimum reservation in jobs at 4%.
In tune with the office memorandum and the principles laid down by the Supreme Court, the Union Public Services has reservation for persons with disability in the IAS, IFS, IRS, etc, however by the notification of 2008, the annexure point to show that there is no reservation for the persons with disability in the EAC, AEO, SA (partial), etc in the state of Nagaland, the petition stated.
The WP said the petitioner had submitted a representation to the State respondents on 8-11-2017 seeking review of the declared results as per the directions of the Supreme Court and as per the Rights of Persons with Disabilities Act 2016. Till date, the representation has not been acted upon, it said.
After the petitions several representations to the State respondents went to deaf ears, the WP said the petitioner approached the Nagaland State Legal Services Authority (NSLSA) for approaching the Court. The NSLSA appointed the Legal Aid Counsel vide order dated 16.03.2018 to represent her in the instant case.
(Page News Service)