The Madhya Pradesh High Court has mandated that the state government prioritize individuals with higher levels of disability in government job recruitments. This directive came while the court was resolving the petitions of five highly disabled individuals who argued that the state had neglected its own guidelines concerning the employment of “divyangs” or differently-abled persons.
Justice Subodh Abhyankar of the Indore bench delivered the judgment on February 24, which led to the cancellation of the recruitment of five candidates who had been selected for Class IV positions under the divyang quota by various state departments. The court found these appointments contrary to a government circular issued on July 3, 2018, by the General Administration Department, which stipulated that priority should be given to those with greater degrees of disability.
According to the 2018 circular, there had been a noticeable trend where individuals with lesser degrees of disability were favored in government service appointments over those with more severe disabilities. This practice was deemed contrary to the intentions of the Divyang Jan Adhikar Niyam 2017.
The court has ordered the state government to re-advertise these positions and complete the recruitment process within four months, adhering strictly to the 2018 circular. This move underscores the necessity of compliance with the established rules intended to protect the rights of the disabled in securing employment.
Shanno Shagufta Khan, the petitioners’ lawyer, hailed the decision as historic, stating that it paves the way for those with 100 percent disability, who have previously been overlooked in such appointments. One of the petitioners, Gurdeep Kaur Vasu (34) from Indore, exemplifies the individuals this ruling aims to support. Despite being unable to speak, see, or hear, Vasu has completed her Class 10 examinations and aspires to join government service to gain financial independence.
Monika Purohit, director of Anand Service Society, a local NGO supporting the disabled, and an expert in sign language, assists Vasu with her studies. Purohit shared that Vasu communicates using sign language by pressing hands and fingers and wishes to join the mainstream society through gainful employment in government service.
