[AI] Bombay HC asks its administration to set aside 400 non-judicial seats for the disabled

avinash shahi shahi88avinash at gmail.com
Fri May 4 05:54:48 EDT 2018

I wonder, why not judicial posts? When will judiciary shed its biases?
Anyway congratulations to Bombay NAB and now they should follow it up
with the HC administration. One more drawback, HC should have fixed
timeline to advertise 400 posts for the disabled but it simply skipped
this crucial aspect and only said 'at the earliest'. 'at the earliest
can be stretched intentionally to many years. So constant vigil and
monitoring is needed. NAB Mumbai should continue pressing for the
release of the advertisement.

HC asks its administration to set aside 400 non-judicial seats for the disabled

MUMBAI: In an order that comes as a boost to rights of the
the Bombay high court on Thursday held that provisions of the Rights
of Persons with Disabilities Act of 2016 would apply to the HC on its
side for recruitment of non-judicial staff. The HC, thus, directed
that 4% or nearly 400 posts be kept on hold in a recruitment process
launched recently
for posts of peons, clerks and stenographers in subordinate judiciary
across the state..The HC vacated a stay on recruitment granted earlier
last month.
A bench of Justices Naresh Patil and Girish Kulkarni partly allowed a
PIL filed by the National Association of the Blind (NAB), which said
the 2016 social
welfare legislation applies to courts too. The HC held the law does
not apply to the HC on its judicial side...
Recommended By Colombia.The HC directed the court administration to
not fill 4% of the posts in the recruitment process which are required
to be reserved
for persons with disabilities. And it directed a “fresh recruitment
drive be undertaken at the earliest” after posts are identified to
enforce reservation.
The bench said the law, which confers rights on the disabled, “must be
implemented in letter and spirit.” “The provisions must be liberally
construed so
that the object of the law is achieved,” the bench said. The 2016 Act
which has expanded the list of disabilities to confer benefit on a
larger section
had been in operation for a year before HC issued its recruitment ad.
But the HC administration could not identify posts to be reserved,
observed the judges..
..The HC had recently advertised for recruitment for 9,000 posts of
stenographers, peons and clerks in district courts. The drive was
stayed by HC last
month after NAB and Sachin Chavan from Aurangabad filed two PILs to
question lack of reservations under the Disabilities Act. The HC’s
administrative side,
through counsel Sudhir Talsania, said it was its choice whether to
adopt and apply the Act. But HC said it was “not convinced with the
submissions” as
it was clear the earlier 1995 law was made applicable to nonjudicial
services in judiciary....Advocate general Ashutosh Kumbhakoni said on
its “administrative
side” the HC was akin to “a state” to which the 2016 Act would be
applicable. The bench agreed. The HC accepted submissions of Talsania
that courts need
additional staff and rejected a plea by Warunjikar for stay on
recruitment to continue. Allowing the recruitment process to go on,
the HC said, “We are
conscious of the fact that keeping the posts vacant in the courts is
not going to serve any purpose as the same would affect effective
functioning of courts.”..

Avinash Shahi
Doctoral student at Centre for Law and Governance JNU

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