Case Note & Summary
The petitioner, Shabana Rashid Pinjari, a visually impaired person with 100% permanent blindness, applied for the post of Clerk-cum-typist (Class C Grade) pursuant to Advertisement No. 01/2023 and supplementary Advertisement No. 111/2023 issued by the Maharashtra Public Service Commission (MPSC). She cleared the preliminary and mains examinations with a total score of 192.48. However, her name was not included in the provisional selection list published on 16th April 2025. The petitioner alleged that the selection list violated the reservation scheme under the Rights of Persons with Disabilities Act, 2016, as 119 out of 125 vacancies reserved for visually impaired persons were filled, leaving 6 posts vacant, and approximately 39 candidates with fewer marks than her were selected from the visually impaired category. She also claimed that she was denied the opportunity to modify her preference form to apply against reserved posts. The MPSC raised a preliminary objection regarding maintainability, arguing that the petitioner had an alternative remedy before the Maharashtra Administrative Tribunal. The court, however, held that the existence of an alternative remedy is not an absolute bar to the maintainability of a writ petition under Article 226, especially when the petition raises a pure question of law or violation of fundamental rights. On merits, the court found that the reservation for persons with disabilities is a horizontal reservation, and the MPSC had failed to implement the reservation scheme properly, leading to the exclusion of the petitioner despite her higher marks. The court also noted that the petitioner was not given a fair opportunity to modify her preferences. Consequently, the court allowed the writ petition, set aside the provisional selection list insofar as it pertained to the petitioner, and directed the MPSC to allow the petitioner to modify her preferences and reconsider her candidature for the visually impaired vacancies within four weeks.
Headnote
A) Constitutional Law - Maintainability of Writ Petition - Alternative Remedy - Article 226 of Constitution of India - The court held that the existence of an alternative remedy is not an absolute bar to the maintainability of a writ petition, especially when the petition raises a pure question of law or violation of fundamental rights. The court proceeded to hear the matter on merits. (Paras 3-4) B) Disability Rights - Reservation for Persons with Disabilities - Horizontal Reservation - Sections 34, 35, 36, 37, 38, 39 of Rights of Persons with Disabilities Act, 2016 - The court held that the reservation for persons with disabilities is a horizontal reservation, and candidates with disabilities are entitled to be considered against vacancies reserved for them irrespective of their category. The MPSC's failure to implement the reservation scheme led to the exclusion of the petitioner, who had secured higher marks than many selected candidates. (Paras 5-10) C) Disability Rights - Right to Modify Preferences - Section 35 of Rights of Persons with Disabilities Act, 2016 - The court held that the petitioner was denied a fair opportunity to modify her preference form to apply against reserved posts for visually impaired persons, which violated her rights under the Act. The court directed the MPSC to allow the petitioner to modify her preferences and reconsider her candidature. (Paras 11-15)
Issue of Consideration
Whether the provisional selection list published by MPSC violates the reservation scheme under the Rights of Persons with Disabilities Act, 2016, and whether the writ petition is maintainable despite availability of alternative remedy.
Final Decision
The court allowed the writ petition, set aside the provisional selection list insofar as it pertained to the petitioner, and directed the MPSC to allow the petitioner to modify her preferences and reconsider her candidature for the visually impaired vacancies within four weeks.
Law Points
- Reservation for persons with disabilities
- Horizontal reservation
- Rights of Persons with Disabilities Act
- 2016
- Article 226 of Constitution of India
- Maintainability of writ petition despite alternative remedy
