Date:18/10/2006 URL: http://www.thehindu.com/2006/10/18/stories/2006101816840500.htm

Karnataka - Bangalore

Plea for quota in judiciary rejected

Staff Reporter

Two advocates file petition on reservation in the posts of civil judges

BANGALORE: Two advocates, both of whom are physically challenged, moved the Karnataka High Court on Monday seeking reservation of posts in the judiciary. The court refused to pass any orders directing the State Government to formulate a scheme for reserving posts in the judiciary to physically challenged advocates.

While one of the petitioners said he was suffering from loco motor disability, another said he suffered from hearing impediment. The two had sought a direction from the court to the Government to formulate a scheme for reservation of posts to physically challenged advocates for the post of civil judge (junior division).

They said while the Government had identified posts for reservation of such people in other departments, it had not done so in respect of the judiciary.

They said such reservation was provided for under the Persons with Disabilities Act of 1995. They said that under Section 33 of the Act, not lower than 3 per cent of the vacancies of civil judge (junior division) should be thus reserved.

A Division Bench comprising Chief Justice Cyriac Joseph and Justice Ajit Gunjal said appointments to the post of civil judges were governed by the Karnataka Judicial Service (Recruitment) Rules, 2004. It said there was no notification by the Government identifying posts of civil judges for persons with disabilities.

It said prima facie it was of the view that the Government had the freedom to leave out any department or any post in a department while issuing a notification under Section 32 of the Act. It said the petitioners should have first approached the Government seeking reservation of posts to the physically challenged in judicial service and to formulate such a scheme.

The Bench adjourned hearing in the case to November 7.