Denial of reservation for PwDs under HC scanner

The court has issued a notice seeking response from the State government to a writ petition that has challenged it.
Image used for representational purpose ( File Photo)
Image used for representational purpose ( File Photo)

CUTTACK: The State government’s decision to exempt 1,260 contract physical education teacher (PET) posts in secondary schools from reservation under PwD (persons with disabilities) category has come under the scrutiny of Orissa High Court.

The court has issued a notice seeking a response from the State government to a writ petition that has challenged it. In the petition, Bismay Panda and three others have sought to quash of a letter issued by the Commissioner-cum-Secretary of the Social Security and Empowerment of Persons with Disabilities department to the Principal Secretary of School and Mass Education department on September 9, 2021.

The letter indicated approval of a proposal by the inter-departmental committee for exemption of 1,260 contract PETs under the Directorate of Secondary Education. When the petition was taken up for hearing on February 15, it was argued on behalf of the petitioners that the exemption of PwD from reservation was without any basis and affront to the reservation rule contemplated by the statute governing the field.

All four petitioners are Bachelors in Physical Education (BPEd). It was also argued on their behalf that the decision taken by the authorities is wholly erroneous as the prospectus for BPEd provides a four per cent reservation for PwD in sports. '

The Social Security and Empowerment of Persons with Disabilities department through a resolution dated February 25, 2021 came up with a set of policies relating to reservation and other concessions for persons with disabilities in various posts or services under the State government or public sector undertakings.

In view of it, the Directorate of Secondary Education cannot transgress its authority to deny such reservation to the present petitioners, it was further argued. Taking note of it, a single-judge bench of Justice SK Panigrahi issued notices to the State Commissioner for Persons with Disabilities and School and Mass Education department and posted the matter to March 15.

The petitioners also sought direction to reserve posts for them in PET in secondary schools. Responding to it, Justice Panigrahi in his order said, “Considering the facts and circumstances of the case, the opposite parties are directed to allow the petitioners to participate in the recruitment process for the post of PET in secondary schools. Their result shall be subject to the outcome of the present writ petition.”

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