Disability Rights PIL Maintainable Despite Bar On Service Matters; Such Issues Require 'Enhanced Sensitivity': Jharkhand High Court

The Jharkhand High Court has held that a Public Interest Litigation concerning disability rights and recruitment processes is maintainable despite the general bar against entertaining PILs in service matters, observing that issues concerning persons with disabilities require “enhanced sensitivity.”A Division Bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar was considering whether a petition challenging a 2018 notification prescribing a format for disability certificates in recruitment processes ought to be entertained as a PIL. Counsel appearing for the Jharkhand Public Service Commission (JPSC) objected to the maintainability of the petition, contending that PILs are ordinarily not entertained in service matters or in challenges relating to vires of statutory provisions.It was further pointed out that the petitioner had already instituted W.P. (S) No. 5668 of 2025 in her individual capacity and therefore the present petition should not be entertained as a PIL. In response, counsel for the petitioner clarified that the pending writ petition concerned a concluded selection process in which the petitioner had not been selected for failure to furnish a disability certificate in the prescribed format.However, the present PIL challenged the continuing insistence on disability certificates in the format prescribed by Resolution No. 2249 dated 03.04.2018 in ongoing and future recruitment processes. The petitioner further contended that the 2018 notification appeared to have been framed under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and failed to account for the additional disabilities recognised under the Rights of Persons with Disabilities Act, 2016.It was argued that the issue affected a larger class of persons with disabilities who may not find it easy to individually approach courts. While considering the objection to maintainability, the Division Bench observed:“Although we generally do not entertain Public Interest Litigations in service matters or address issues of validity of statutory provisions, we remain conscious that we are dealing with the rights of persons with disabilities. Such issues need to be addressed with enhanced sensitivity.”The Court further clarified that the case did not involve a direct challenge to the vires of a statutory provision, but rather an allegation that Resolution No. 2249 dated 03.04.2018 was ultra vires the 2016 Act and the Rules framed thereunder. Rejecting the contention that the PIL was motivated by personal considerations, the Court observed:“The incidental benefits that the Petitioner might derive as a member of the class that cannot always easily approach the Courts of law are not a good enough ground to decline to entertain this petition as a PIL.”The Court held that the issue raised was important from the perspective of persons with disabilities and that clarity on the issue would assist disabled candidates generally. Accordingly, the Court directed registration of the petition as a Public Interest Litigation.The Bench also directed that W.P. (S) No. 5668 of 2025 pending before the learned Single Judge be called for and heard together with the PIL to avoid conflicting verdicts.Case Title: Vaishnavi v. State of Jharkhand and Ors.Case Number: W.P. (Filing) No. 13772 of 2025.Appearance: Mr. Atulaya Shresth for the Petitioner. Mr. Piyush Chitresh for the State. Mr. Sanjoy Piprawall, Mr. Prince Kumar, Mr. Rakesh Ranjan, and Mr. Jay Prakash for the JPSC.Click Here To Read/Download Order

Disability Rights PIL Maintainable Despite Bar On Service Matters; Such Issues Require 'Enhanced Sensitivity': Jharkhand High Court

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Disability Rights PIL Maintainable Despite Bar On Service Matters; Such Issues Require 'Enhanced Sensitivity': Jharkhand High Court

Rushil Batra

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