HC Seeks Govt Clarification on Vacant Disability Quota Posts in Educational Institutions
Mumbai ,16th May 2025: The Bombay High Court has directed the Maharashtra government to clarify its stand on the large number of unfilled posts reserved for persons with disabilities (PwDs) in government and aided educational institutions across the state.
A Public Interest Litigation (PIL) filed by Mission Accessibility alleges that despite statutory provisions mandating four percent reservation for PwDs, the state has failed to implement the rule. A division bench comprising Chief Justice Alok Aradhe and Justice Makarand Karnik heard the petition and issued notices to the departments of Higher and Technical Education, the Disability Welfare Department, and the State Commissionerate for Persons with Disabilities (SCPD), seeking their responses.
The PIL points to the state’s 2019 ordinance mandating reservation for persons with disabilities, which the petitioners claim is being ignored. According to data from the SCPD, nearly 99.99% of these reserved posts in higher and technical education institutions remain vacant.
The petition highlights several cases of alleged discrimination. One visually impaired candidate with 75% low vision, despite holding a PhD, UGC-NET, and SET qualifications, was denied a permanent position and given only a temporary contract-based role. He eventually resigned due to lack of accessible infrastructure. In another case, a candidate’s application was rejected post-interview, citing misclassification and absence, despite evidence to the contrary.
The PIL also questions the transparency and fairness of recruitment processes, citing the failure to select any suitable candidate among 26 interviewed differently abled applicants. It argues this violates Section 34(1) of the Rights of Persons with Disabilities Act and fundamental rights under the Constitution.
The petition seeks a time-bound special recruitment drive, publication of a list of vacant posts, and corrective measures to ensure equal employment opportunities for persons with disabilities.
