ASSOCIATION FOR EMPOWERMENT OF DIVYANGJAN AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS
WPIL/3010/2025 · 2025-09-23
Arun Bhansali, Kshitij Shailendra
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 97746 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 97746 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3010 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J.
1. This petition purportedly in public interest has been filed inter alia seeking a direction to the respondents to implement reservation for the persons with disability under the provisions of the Rights of Persons with Disabilities Act, 2016 (for short, 'the Act of 2016'). 2. Submissions have been made that by communication dated 07.05.2025, information pertaining to reservation has been given for the post of Gram Panchayat Sahayak in Zila Panchayat, Varanasi wherein no reservation has been provided for persons with disabilities and, therefore, respondents be directed to provide for such reservation. 3. A perusal of the communication dated 07.05.2025 reveals that a reference has been made to Government Order (GO) dated 25.07.2021 dealing with setting up of Village Secretariat in Gram Panchayats. The GO provides for appointment of one person as Panchayat Sahayak/Accountant-cum-Data Entry Operator and also provides for procedure for selection whereafter, provisions pertaining to reservation have been indicated that the selection of the Panchayat Sahayak for a particular Panchayat would be from the same reserved category for which category the Panchayat is reserved. 4. The plea sought to be raised, apparently cannot be countenanced inasmuch as the post of Gram Panchayat Sahayak at each Gram Versus Counsel for Petitioner(s) : Charlie Prakash, Kamal Krishna Roy, Prabal Pratap Counsel for Respondent(s) : Ankit Gaur, S.C. Association for Empowerment of Divyangjan and 2 others .....Petitioner(s) State of U.P. and 4 others .....Respondent(s)
Panchayat is a single post for which, seeking of reservation under the Act of 2016 which provides for horizontal reservation of 4%, does not appear to be justified. Such reservation can only apply in case of centralized recruitment, which is not the scheme. 5. From the GO dated 25.07.2021, it is apparent that the selection is at the level of Gram Panchayat only and that also for a single post and, therefore, the plea raised, apparently has no substance. 6. The petition has been filed by mere reference to provisions of Section 33 & 34 of the Act of 2016, without apparently going through the scheme of GO dated 25.07.2021 providing for one post for each Gram Panchayat and the recruitment also at the level of Gram Panchayat only.
Merely because vertical reservation based on reservation of the post of Gram Pradhan has been provided cannot per se be used for seeking reservation under the Act of 2016. 7. In that view of the matter, the petition filed apparently has no substance and the same is, therefore, dismissed. September 24, 2025 Sandeep/Pkb WPIL No. 3010 of 2025 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- SANDEEP KUMAR High Court of Judicature at Allahabad