Chhattisgarh HC Flags Lack Of Separate Reservation For Visually Impaired Candidates

The Chhattisgarh High Court has issued notices to the state government and the Chhattisgarh Public Service Commission (CGPSC), seeking their response within four weeks to a writ petition challenging the implementation of reservation for persons with disabilities in government recruitment. The petition raises concerns over the alleged failure to provide a separate reservation for candidates with blindness and low vision in public employment. The case concerns the interpretation and implementation of provisions of the Rights of Persons with Disabilities Act, 2016, particularly those relating to reservation of government posts for persons with benchmark disabilities.

The petition has been filed by Vivek Singh, a resident of Bhilai, who has Stargardt disease and nearly 90 per cent visual impairment. Singh has challenged the manner in which disability-reserved vacancies are being presented in recruitment advertisements issued by the CGPSC. According to the petition, candidates with different categories of disabilities are being considered under a common PwD reservation category rather than having vacancies separately identified for specific disability groups. The petitioner has placed several CGPSC recruitment advertisements before the High Court in support of his contention that the required sub-categorisation has not been reflected in the recruitment process.

At the centre of the petition are Sections 33 and 34 of the Rights of Persons with Disabilities Act, 2016. The petitioner has argued that the legislation requires 4 per cent of vacancies in government establishments to be reserved for persons with benchmark disabilities. Section 34 further provides for reservation across specified categories of disabilities. The petition specifically relies on the provision concerning blindness and low vision, arguing that a 1 per cent sub-reservation is required for persons falling within this category. The petitioner has contended that merely placing all disability-related vacancies in a common pool does not adequately implement the statutory framework.

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The issue raised before the court relates not only to the overall percentage of reservation but also to how the reserved vacancies are distributed among different disability categories. According to the petitioner's submissions, a common PwD category can potentially result in candidates with blindness and low vision competing for vacancies without a separately identified share corresponding to the statutory sub-reservation. The petition therefore seeks judicial scrutiny of the recruitment policy followed by the state and the CGPSC and its conformity with the provisions of the disability rights legislation.

The Rights of Persons with Disabilities Act was enacted to strengthen the legal framework for equality, non-discrimination and participation of persons with disabilities. Its reservation provisions are intended to improve representation of persons with benchmark disabilities in government employment. The petition before the Chhattisgarh High Court seeks to examine whether those provisions are being reflected adequately in state-level recruitment advertisements and selection processes. The specific concern raised by Singh is that the absence of separate identification of vacancies for blindness and low vision could affect the ability of eligible candidates in that category to claim the benefit contemplated under the law.

The High Court has now directed the Chhattisgarh government and the CGPSC to respond to the allegations within four weeks. The notices do not amount to a finding by the court that the recruitment policy violates the law; the respondents will have an opportunity to present their position before the court. The proceedings could provide further clarity on how disability reservations, including the sub-reservation for blindness and low vision, are required to be implemented in CGPSC recruitment. The matter will be considered further after the state government and the commission submit their respective responses to the petition.

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