Supreme Court seeks replies on PIL for 4% disabled quota in district judiciary
New Delhi: The Supreme Court on Monday sought responses from the Centre, states, UTs and all high courts on a PIL seeking reliefs including four per cent reservation in judicial appointments in district judiciary for persons with disabilities (PwD), as mandated under a 2016 law.
The PIL also sought directions to the Centre and others to “set right” the existing judicial services rules for appointment of judicial officers as per the law pertaining to rights of persons with disabilities (PwD). A bench comprising Chief Justice DY Chandrachud and justices JB Pardiwala and Manoj Misra took note of the submissions of senior advocate Sanjay Parikh, appearing for the two PIL petitioners, that persons with disabilities are not getting their due in the appointment of judicial officers as mandated under the Rights of Persons with Disabilities (RPwD) Act, 2016.
The 2016 legislation is a special law that has been enacted to give effect to the UN Convention of Rights of Persons with Disabilities, in particular the principles laid down there for their empowerment, besides various legal provisions to promote non-discrimination and equality. The legislature thought it fit that the reservation for PwD shall not be less than four per cent under the statutory provision, the plea, filed through lawyer Shashank Singh, said.
The PIL has been filed by Renga Ramanujam and Summaiya Khan, residents of Noida in Uttar Pradesh and Bangalore, respectively.
“The Petitioners are constrained to file the present petition seeking directions from this Hon’ble Court to the Respondents to set right or streamline the existing judicial services rules of different states/ high courts for appointment of judges to the district/lower judiciary under PwD quota as per the mandate of Section 34 read with 33 of the Rights of persons with disabilities Act 2016,” it said.
Section 34 of the Act mandates a reservation of not less than 4 per cent for “Persons with Benchmark Disabilities (PwD)” in government establishments, including the appointment of judges to the district/lower judiciary, the senior lawyer said.
