Supreme Court: 3% quota must for disabled in all govt jobs including IAS

The Supreme Court on Friday dismissed an appeal by the central government seeking to restrict the meaning of appointment in the law on reservation for persons with disabilities to direct recruitment.

The central government was appealing against a Bombay high court ruling in 2013 which had said that under Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the word appoint would include promotion and selection, and not just direct recruitment.

A bench of chief justice R.M. Lodha and justices Kurian Joseph and Rohinton F. Nariman stated that the definition could not be limited to only refer to direct recruitment. It would amount to “frustrating the reservation policy” without reaching “the very class for which” such reservation was intended, the court said. Appointment under Section 33 “can be by way of direct recruitment, promotion, deputation even!” the chief justice said.

Section 33 of the PWD Act reserves at least 3% seats in “every establishment” for persons suffering from blindness or low vision, hearing impairment and locomotor disability or cerebral palsy.

1 Comment

  1. Take 1 -As reported in TOI dated 20 April, 2014- Shri Narendra Modi, during election campaigning in Jamshedpur on April 10, stated “The country does not want a deaf and dumb handicapped government, run by remote control, at the Centre. The country wants a sevak (worker) to lead it to new heights.”
    He clearly meant that a handicapped cannot work.
    Take 2 – As reported in TOI dated 20 April, 2014, Shri P.A. Sangma while contesting for President’s post two years ago stated “India should have a President who is not blind, dumb and deaf. India should have a thinking and functional President.”
    He clearly meant that blind, dumb and deaf cannot think and function.
    Considering their mindset, it is no wonder that for 19 years, Indian political class has continued to fail to provide 3% reservation or all categories of govt. jobs. Even where they do, the disabled are kept on very lowly salaries as if they are being done a HUGE favour. Indian govt. shows the way and the Private Sector is only too happy to follow. Disabled people are either absent in their workforce or form a very miniscule percentage of their total workforce. Amidst this reality, we continue to proclaim ourselves to be a disabled-friendly country.

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