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HC of Rajasthan issues directions to state for including persons with hearing disabilities under PwD Act
The High Court of Rajasthan under the Jaipur Division Bench has dismissed a plea seeking direction to the Government of Rajasthan to involve and add persons with hearing impairment and locomotive disabilities under the sections of the Rights of Persons with Disabilities Act, 2016.
The Division Bench comprising of Justice Satish Kumar Sharma and Chief Justice Indrajit Mahanty has anyhow asked the State to review its policy on account of a notification appealed by the Union of India on the month of January 2021.
The petitioner challenged through the plea and asserted that teachers of primary schools and other people with a hard of hearing have been included for the purpose of consideration for appointment as told in the notification of the Union of India.
He had also raised that blind people were also considered under the area of reservation for recruitment of teachers in the Primary School in terms of the directions issued by the State.
The court observed the following:
1.The present writ application has come to be filed by the petitioner seeking a direction to the State of Rajasthan to include persons with locomotive disabilities as well as who are hard of hearing under the category of reservation for the purpose of induction as an employee under the Rights of Persons with Disabilities Act, 2016.
2. Heard learned counsel for the respective parties.
3. Learned Advocate General has produced the notification and submitted that in terms of the notification issued by the State of Rajasthan, the petitioner cannot be given the benefit of reservation or consideration of posting under the Act of 2016 since persons with hearing impairment cannot be inducted as Primary School Teachers.
4. Learned counsel asserts that in so far as serial No. 1520 is concerned, Primary School Teachers, other persons with hard of hearing (HH) have been included for the purpose of consideration for appointment, and reasons thereof have been stated in the said notification.
Considering the above-mentioned facts, the present writ petition was thereby dismissed.
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