KJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1682 OF 2008 Vikas Ajay Singh )..Petitioner V/s. The Principal, St.Xavier’s High School and Junior College & Ors. )..Respondents ---- Mr.A.L.Gore for the petitioner. Mr.S.C.Naidu with Mr.S.R.Ingale i/by C.R.Naidu & Co. for respondent no.1. Ms.Shradha Sridharan AGP for respondent nos.2 to 4. ---- Coram : F.I.Rebello & R.S.Mohite,JJ Date : 21.11.2008. PC 1. Rule. Heard forthwith. 2. The petitioner has approached this Court contending that though he has been appointed for regular post by duly selected staff selection committee against a clear and vacant post by appointment letter dated 10.6.2006, till date, approval has not been granted by the State Government/respondent for his appointment. 3. Reservations for disabled are governed by the provisions of the persons with disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. It is submitted that in terms of the Government Resolution the staff : 2 : strength in the school is 63 and as such they have to employ two handicapped persons within the meaning of the Act. 4. On behalf ot the management, an additional affidavit has been filed by Fr.Francis Carvalho, the Principal of respondent no.1. It is not necessary to set out the various facts as set out therein. Suffice it to state that following facts would be sufficient. One Mrs.Rita Peeyus was appointed as a junior clerk against the sanctioned post. She is presently working as senior clerk and awaiting approval for further appointment since 1st April, 2001. If approval is granted to that post, vacancy would arise. The management had invited applications from the Assistant Director, in centre, PHP, Mumbai. One candidate Mr.Mangesh has been selected to the said post. The selection committee had interviewed the said candidate and had found him suitable for the post of junior clerk. 5. On behalf of the respondent it is submitted that as the petitioners may forward the names of the candidates which are pending for apprval and the respondents would grant approval against sanctioned posts. The names to be forwarded within a period of 7 days from today. On such name being forwarded, the respondent/State authorities to consider the : 3 : same and dispose it off within 2 weeks from the date of receipt of the application. If the name of Mrs.Rita Peeyus is approved for senior clerk, the petitioners to forthwith appoint Mr.Mangesh for the said post and seek approval from the authorities for his appointment. It has also come on record that there are vacancies for the post of peons. The management is therefore, directed to forthwith appoint a person from the handicapped category against available vacancies and forward his name for approval. The management then to send proposal for fill in the other posts of peons alongwith. On receipt of such applications for approval, respondent authorities to consider the same and pass appropriate orders within a period of 2 weeks thereafter. 6. Considering the above and as the name of the petitioner will be forwarded, the grievance of the petitioner as no longer survives, more particularly on the statement made on behalf of the State that application forwarded will be considered within a period of 2 weeks from the receipt of the same. 7. On behalf of the respondent/state it is pointed out that in so far as the petitioner is concerned, a fresh application will have to be sent as original application has been rejected. Management agree to : 4 : send fresh proposal. 8. Rule made absolute accordingly. No orders as to costs. (F.I.Rebello,J) (R.S.Mohite,J)