Hello,
You should file a PIL . If the categories are mentioned clearly and there is no words which implies the inclusion of those disabilities which are not mentioned then you should proceed with filing the PIL.
Hope this helps.
Regards
Measures to counter the exclusion of speech and language disabilities from job reservation
As per RPWD Act of 2016, Speech and Language Disabilities is one of the specified disabilities and those with benchmark disability(>40%) have been granted reservation in higher education vide section 32 of the Act but has not been granted reservation in government jobs by section 34 of the Act. Whereas the same section 34 has extended reservation to all other categories of disabilities only excluding out speech and language disability thereby causing a grave illogical discrimination among the different categories of disabilities. What steps can be taken to bring Speech and language disability under the ambit of section 34 for reservation in employment?
Asked 5 years ago in Constitutional Law
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8 Answers
Writ petition in supreme court
File writ petition in HC against exclusion of speech and language disabilities in reservation in govt jobs
Hi,
You may move to High Court under writ jurisdiction to prove that provisions ultra vires and unconstitutional.
Sir you can file a writ petition before the Jurisdictional high court for the directions for inclusion the disability in the notified list further SC also can be reached directly under writ jurisdiction article 32 but better to go through high court.
File a Public Interest Litigation and moot the issue raised by you in this PIL.
Alternatively, one suffering from speech and language disability may file a writ petition in the present matter directly, it being an affected party and his/her fundamental rights being curtailed.
Hello,
File a petition in the HC and challenge the validity of section 34 of the RPWD Act of 2016 by means of writ, if you are of the view that the discrimination made creates a difference among the class and does not achieve the intention of the act.
Regards
The discrimination what you state is nothing but a government policy.
The policy decision is taken by the government after properly analysis of all the relevant factors.
Even if you file a writ petition in this regard, the court may not interfere in the policy decisions of government, but that will not prohibit you from filing a writ petition or a PIL.
You may discuss the issue with a local advocate and proceed as per the suggestions received.
