SC: 3% Quota For Disabled Persons In Government Jobs

SC: 3% Quota For Disabled Persons In Government Jobs

The Supreme Court has ruled that there must be 3% quota for disabled persons in all government jobs including the prereligious Indian Administrative Services, Indian Foreign Services and Indian Police Services. The bench headed by CJ R.M.Lodha has ruled that disabled persons have not received their due in the past 19 years despite the passage of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act in 1995.

The government had held that reservation could not be given for promotions in case of Group A and B officers category as this is not a case of appointment. The government had also argued that the Persons With Disabilities Act provides for 3% quota for the differently-abled people could not be applied here.

Appointment was given as a wider concept by the bench which said that the Centre had a limited interpretation of it. The SC has now permitted the reservation in all classes of government jobs pertaining ti appointment. Selection, deputation and direct-recruitment apart from which promotions have also been included in the ambit of the judgement. While providing a quota for disabled persons, the SC did not hold the validity of not exceeding 50% reservation.

The bench also held that the purpose of the reservation policy as first proposed by the Parliament was the step to ensure that differently-abled persons get certain benefits with no hurdles of any technical kind.

The apex court bench which passed this landmark ruling comprised the CJ, along with Justice Kurien Joseph and Justice Rohinton F. Nariman. The bench also criticised the Centre for disempowering and “frustrating” people through its stance. The Centre had challenged the Bombay HC order. The latter order had directed the Centre and the UPSC to implement the 3% quota in all direct recruitment and promotions for disabled in the IAS. The order was following a PIL filed by the National Confederation for the Development of the Disabled which had representation through senior advocates K. S. Suri and Arpit Bhargava in the SC.

According to statistic cited by media reports, more than 4 crore people in Indian are with disabilities. The Bench asserted that the disabled persons have not got their share of support. It is time that this was changed. Appointment under Section 33 “can be by way of direct recruitment, promotion, deputation even!” the Chief Justice was reported to have 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.

The bench also informed the Additional Solicitor General that the purpose of the reservation policy was to empower the disabled persons. The bench is also reported to have said, “Once Parliament prescribes for reservation in appointments, it will cover direct recruitment, promotion and even deputation. Our experience tells us that it is one legislation that has never been effectively implemented. In any case, it is a beneficial legislation and you should interpret in a manner so that they get the benefits.”