Case Note & Summary
The petitioner, Suresh Ramchandra Gunde, a 24-year-old hearing-impaired person, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Bench at Aurangabad. He sought a mandamus directing Respondents No. 1 to 4, including the State of Maharashtra and the Nanded-Waghala City Municipal Corporation, to consider his case for appointment to the post of sweeper from the handicapped category. The petitioner claimed that despite being physically fit with excellent eyesight, he suffers from hundred per cent hearing impairment. He had passed the Higher Secondary Certificate examination and possessed proficiency in English, Marathi, and Hindi typing, as well as certificates in MS-CIT and DTP in computer. On 2.6.2009, Respondent No. 4 issued an advertisement for the post of sweeper, and the petitioner applied under the handicapped category. However, his candidature was not considered. The court, after hearing the parties, allowed the petition and directed the respondents to consider the petitioner's case for appointment to the post of sweeper in accordance with law, within a period of four weeks from the date of the order. The court did not express any opinion on the merits of the petitioner's claim for appointment.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of Constitution of India - Mandamus for Consideration of Appointment - Petitioner, a deaf person, sought mandamus to respondents for consideration of his case for appointment as sweeper from handicapped category - Court held that the petitioner's case must be considered for appointment in accordance with law, as he is a person with disability and entitled to reservation under the Persons with Disabilities Act, 1995 (Paras 1-6).
Issue of Consideration
Whether the petitioner, a person with hundred per cent hearing impairment, is entitled to be considered for appointment to the post of sweeper in the Municipal Corporation from the handicapped category.
Final Decision
The petition is allowed. Rule is made absolute. The respondents are directed to consider the petitioner's case for appointment to the post of sweeper in accordance with law, within a period of four weeks from the date of the order. No order as to costs.
Law Points
- Article 226 of Constitution of India
- Persons with Disabilities (Equal Opportunities
- Protection of Rights and Full Participation) Act
- 1995
- Reservation for handicapped
- Mandamus for consideration of appointment
Case Details
2012 LawText (BOM) (05) 1
Writ Petition No. 410 of 2012
A.S. Oka, Sunil P. Deshmukh
Shri Vitthal G. Salgare for Petitioner, Shri V.H. Dighe, A.G.P. for Respondent Nos. 1 to 3 and 5 to 7, Shri M.V. Deshpande for Respondent No. 4
Suresh s/o Ramchandra Gunde
The State of Maharashtra, The Commissioner, Handicapped, The Director of Health Services, The Commissioner, Nanded-Waghala City Municipal Corporation, The President, Medical Board, The Civil Surgeon, The District Collector, Nanded
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Nature of Litigation
Writ petition under Article 226 of Constitution of India seeking mandamus for consideration of appointment to the post of sweeper from handicapped category.
Remedy Sought
Mandamus to Respondents No. 1 to 4 to consider petitioner's case for appointment to the post of sweeper in Respondent No. 4 Municipal Corporation from the handicapped category.
Filing Reason
Petitioner, a person with hundred per cent hearing impairment, applied for the post of sweeper under handicapped category but his candidature was not considered.
Issues
Whether the petitioner is entitled to be considered for appointment to the post of sweeper from the handicapped category.
Submissions/Arguments
Petitioner argued that he is physically fit, has excellent eyesight, and possesses necessary qualifications including HSC, typing skills, and computer certificates.
Respondents opposed the petition, but the court did not detail their arguments.
Ratio Decidendi
A person with disability is entitled to be considered for appointment in accordance with law, and the court can issue mandamus under Article 226 to direct consideration of such case.
Judgment Excerpts
The petitioner has approached this Court invoking powers under Article 226 of the Constitution of India seeking mandamus to Respondents No. 1 to 4 for consideration of his case for appointment to the post of sweeper in Respondent No.4-Municipal Corporation from the handicapped category, being a person with impaired hearing.
The petition is allowed. Rule is made absolute. The respondents are directed to consider the petitioner's case for appointment to the post of sweeper in accordance with law, within a period of four weeks from the date of the order.
Procedural History
The petitioner filed Writ Petition No. 410 of 2012 before the Bombay High Court, Bench at Aurangabad. Rule was issued and made returnable forthwith. With consent of parties, the petition was heard finally. Judgment was reserved on 03.05.2012 and pronounced on 11.05.2012.
Acts & Sections
- Constitution of India: Article 226
- Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995:
