The Petitioner, in this case, is M. Raghavendra, a visually impaired person with low vision and holding a post-graduate degree of M.A. in Political Science from the Karnataka State Open University. M. Raghavendra (‘Petitioner’) challenged the actions of the Karnataka State Consumer Disputes Redressal Commission, as it did not provide reservation for persons with disability as mandated under the Persons with Disabilities (Equal Opportunities, Protection of Rights & Full protection) Act 1955 (‘PwD Act’) while filing up vacancies to the posts of President and Members of various District Consumer Disputes Redressal.
BRIEF FACTS
The Karnataka State Consumer Disputes Redressal Commission issued a Notification dated 12.03.2015 inviting applications from candidates to fill up 17 posts (both permanent and temporary basis) in various District Consumer Disputes Redressal Forums in Karnataka through an interview. However, it did not contain any provision that provided reservations for persons with disabilities within those 17 posts. As per the provisions of Section 33 of the PwD Act, the Respondents are required to reserve vacancies of not less than 3% for persons with disability out of which, 1 % should be reserved for persons with blindness and low vision
Although the Petitioner satisfied all eligibility qualifications laid down for the post and had clarified his ability to undertake this duty with the assistance of suitable aid and appliances in his interview, he was not selected. In fact, no applicants with disabilities were selected as no reservation was mandated.
STATE NOTIFICATIONS
The State Government has issued a Notification dated 07.09.2012 adopting the List of identified posts published by the Central Government for posts in Group A and Group B and all subsequent lists of identified posts. The Central Government vide Notification No. 16-15/2010-DD-III dated 29.07.2013 has identified the list of posts suitable to be performed by persons with disabilities which include posts of Judges and Magistrates in Lower Judiciaries dealing with Civil and Criminal cases. Further, as the Government of Karnataka issued an Order bearing no. Jestha 20, Shaka Varsha 1935 No. 823 dated June 10, 2013, the Respondents ought to have identified and reserved the 4th post in every 17 posts that were notified for persons with visual impairment as Members of the Consumer Disputes Redressal For also perform functions similar to that of Judges and Magistrates of Lower Judiciary.
The Petitioner prays for a direction from the Hon’ble High Court for provision of 3% reservation to persons with disability out of which 1% ought to be reserved for persons with blindness and low vision for the Posts of President and Members of various District Consumer Redressal Fora in Karnataka. Currently, Notice has been served to the Respondents and the Petition remains pending before the Hon’ble High Court of Karnataka.