ThePunjab and Haryana High Court has put a stay on the Punjab State Civil ServicesExam process and selection (2020). The development came after the stategovernment repeatedly failed to respond on the issue regarding reservation ofpersons with the disabilities in the exam.
As per the Section 34 of the Rights of Personswith Disability Act (RPWD), 2016, four per cent seats should be reserved forthe differently abled persons out of the total seats advertised. However, VivekJoshi, a city based lawyer and a disability activist stated that there was justone seat reserved for PWD, that too for a woman with zero vision. Consequently, he filed a petition in the HighCourt to challenge the examination process without any reservation tophysically disabled people.
Inhis petition, he had pleaded that reservation for differently abled personsshould have been as per the RPWD act. Joshi said, before filing the petition he had also directly approachedthe Punjab Public Service Commission (PPSC) to amend the notification, but to noavail.
The commission had issued the advertisement on December 12, last year,inviting applications for the Punjab Civil Services Combined CompetitiveExamination 2020, for filing up 75 posts of Punjab civil services officers andother posts. The exam for the same was conducted at various centres across thestate on February 13, 2021. The petitioner had submitted an amendment letter tothe commission on December 29.
Later, the court was told that the petitioneris a disabled person and a practicing lawyer in Jalandhar. He had submitted arepresentation with PPSC in December and demanded for rectification of the saidmistake. However, the PPSC has not acted. He had mentioned that thenotification has violated the rights of the petitioner by not reserving seatsfor the physically handicapped/disabled per the Rights of persons withdisabilities Act, 2016 and further violated rules about exemption in fee forthis category (Rs 1,150 was allegedly charged).
Thecourt after hearing his plea on Tuesday, directed the PPSC to consider his casefor providing appropriate reservation and also examine his representation ofDecember 29, 2020. The examination process has also been stayed till July, thisyear.
“Itis further directed that till the representation is decided, further process inpursuance to the advertisement shall remain stayed,” the court directed. Thestay order was passed as it came to light that on January 28, response wassought on a similar matter and PPSC and the state were directed to file a statusreport by March 1. However, no reply was filed. Also response was not filed onMarch 16 even as HC had granted a last opportunity during the hearing on March1, said the court while staying the further process.