Promotional Posts will carry no reservation for the disabled

Himachal Pradesh High Court: While rejecting the claim of the petitioner seeking reservation of 3% in promotional post, the division bench comprising of Mansoor Ahmad Mir C.J. and Tarlok Singh Chauhan J., said that  there is no provision under Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995) which provides for reservation to disabled in promotion cases.

The Court minutely analyzed the judgment delivered by the Rajasthan High Court in Arun Singhvi v.  New India Assurance, Civil Special Appeal (W) No.628 of 2010, wherein the Court handled the same difficulty and ruled that the reservation does no longer expand to promotional posts. The Court disagreed with the judgment spelled out by the Division Bench of Punjab & Haryana High Court in Viklang Sangh vs. State of Haryana, CWP No. 12741 of 2009 and said that it has “lost its efficacy and cannot otherwise be considered to be laying down the correct law”. The Court found no infirmity illegality in the judgment passed by the learned writ court. Therefore, dismissing the appeal, the Court rejected the claim of the petitioner. [Partap Singh v. State of H.P 2016 SCC OnLine HP 767, decided on 02.06.2016]


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