Court Allows Public Interest Litigation Challenging 2018 Notification Affecting Disabled Candidates, Orders Joint Hearing
In a landmark decision, the Jharkhand High Court, comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar, has recognized a petition concerning the rights of persons with disabilities as a Public Interest Litigation (PIL). The court's decision, dated January 22, 2026, arises from a petition filed by Vaishnavi against the State of Jharkhand and others, challenging a notification issued on April 3, 2018, which allegedly contravenes the Rights of Persons with Disabilities Act, 2016.
The petitioner, Vaishnavi, represented by Advocate Mr. Atulaya Shresth, argued that the notification failed to accommodate the additional disabilities recognized under the 2016 Act. The notification, she claimed, insisted on a disability certificate format that does not align with the current legal framework, thereby disadvantaging candidates in ongoing and future selection processes.
The court noted the petitioner's contention that the notification might have been derived from outdated legislation, namely the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and thus, does not reflect the inclusivity mandated by the 2016 Act. The petitioner emphasized the broader public interest implications of the case, highlighting that it affects a class of individuals who may find it challenging to seek legal redress individually.
While acknowledging the general judicial hesitance to entertain PILs in service matters or those challenging statutory provisions, the court recognized the need for enhanced sensitivity towards disability rights. It stated that the issue's significance warranted a PIL status, given its potential impact on the understanding and implementation of disability rights.
Furthermore, the court ordered the consolidation of Vaishnavi's individual writ petition (W.P. (S) No. 5668 of 2025) with the PIL to prevent conflicting judgments and ensure comprehensive adjudication. The court directed the respondents to file their responses by February 13, 2026, and allowed the petitioner until February 20, 2026, to submit a rejoinder. The matters are scheduled for a joint hearing on February 25, 2026.
This decision underscores the judiciary's role in safeguarding the rights of marginalized groups and ensuring that statutory frameworks evolve in harmony with contemporary legal standards.
Bottom Line:
Public Interest Litigation (PIL) - Petition filed by an individual challenging the validity of a notification affecting persons with disabilities - Court allowed the petition to be registered as PIL after determining that the issue raised involves public interest and affects a class of persons, including those with disabilities.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016; Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Vaishnavi v. State of Jharkhand, (Jharkhand)(DB) : Law Finder Doc id # 2866991
