The Bombay High Court has observed that in service jurisprudence, the PIL can only be filed to the extent of writ of quo warranto.
The Division Bench of Acting Chief Justice S.V. Gangapurwala and Justice Sandeep V. Marne disposed of a Public Interest Litigation (PIL) filed raising that though 22 posts were reserved for persons with disability and 20 persons had appeared for interview, only 8 were selected. 7% grace marks were given and they were brought on par with open competition category.
From the circular the Bench noted that if no person with disability makes it to the select list on own merits, then only those candidates as per region wise notified vacancies of persons with disability will be granted 7% grace marks.
The Bench further noted that concession was granted to the persons with disability. Even age relaxation is granted as per said circular. Moreover, none of the candidates from persons with disability has challenged the non-selection.
“In service jurisprudence, the PIL can only be filed to the extent of writ of quo warranto. We may consider the grievance of a person with disability qua the concerned selection process if the person with disability assails the same”, the order reads.