PATNA: The Patna high court on Friday granted time to the state government for clarifying the pattern of reservation which it is giving to persons with disabilities including blind candidates for taking part in recruitment process of 1.25 lakh vacant posts of primary and secondary level teachers in government schools across the state.
The division bench of Chief Justice Sanjay Karol and Justice S Kumar fixed the matter for hearing again on Monday after advocate general Lalit Kishore prayed for time to clarify.
The state government had published an advertisement for recruitment of 1.25 lakh primary and secondary teachers in government schools across Bihar in 2019.
However, National Federation of The Blind moved the high court in February last year challenging the recruitment process on the ground that there was no reservation for persons with disabilities.
The federation had urged the high court that the concerned authorities be directed to implement the category of overall 4% reservation for persons with disabilities against the entire vacant seats as per Section 34 of Rights to Persons with Disabilities Act, 2016.
It also urged the high court to direct the authorities for implementing 1% reservation for the blind candidates from the 4% reserved seat for persons with disabilities too in the recruitment process as per Rule 11 of the Act.
The recruitment process is yet to be completed as on July 24 last year, the high court stayed further process of recruitment observing that it should not be commenced or concluded without the court's leave.
Kishore, assisted by counsel Shilpa Singh, submitted that the state government has complied with the overall 4% reservation for persons with disabilities against the overall vacancy of 1.25 lakh posts.
However, Supreme court senior counsel SK Rungata along with Sugandha Prasad submitted that the entire reservation for persons with disabilities have been distributed as sub-category under different categories of reservation which is unlawful.
Kishore also urged the court that the state government be allowed to finalise with the recruitment process and go ahead with appointments after keeping 4% seat reserved for disabled candidates against the total vacancies which would be filled up after disposal of the PIL.
Disagreeing with it, Rungata submitted that the state government should first notify the vacancies as per the reservation for the disabled candidates and they be permitted to apply along with options to choose the preferable places of postings only after which final selection process should be allowed.
The same federation has filed another PIL urging the high court that the posts for physically disabled candidates which should have been reserved against old recruitments in the state be also be filled. This matter is also tagged with the teachers’ recruitment case but no argument took place on it at present.