Now, disability quota in IAS too: Supreme Court
14 Sept 2014 5:18 AM IST
A bench headed by Chief Justice RM Lodha said physically challenged persons have not got their due for the last 19 years even after framing of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, which was passed in 1995. Additional Solicitor General Pinky Anand, appearing for the Centre, contended that reservation cannot be given in case of promotion to Group A and Group B officers category as it is not a case of appointment.
The bench, however, observed that appointment is a broader concept and the Centre is providing a narrow interpretation of it. ‘You are frustrating the very reservation policy and cause of class for which Parliament passed the law,’ the bench said.
‘For the last 19 years it is not being implemented and the class, for which the legislation was made, has not got benefited as it should have,’ the bench said. The court dismissed the petition of Centre challenging order of Bombay High Court which had directed the Centre and the Union Public Service Commission (UPSC) to implement a 3 per cent quota in direct recruitments and promotions for the disabled in the IAS.
The Bombay HC on 5 December 2013 had directed the UPSC and the Centre to implement the three per cent quota for the disabled in the IAS as per provisions under the Persons with Disability Act. The order was given by a bench headed by Chief Justice Mohit Shah, while hearing a petition filed by National Confederation for Development of the Disabled.
The quota would have to be applied in both recruitments and promotions. The PIL seeks implementation of quota with effect from 1996 when the act came into force. However, the bench has directed its implementation from 2010, when the PIL was filed.
Earlier, the state government had said that the issue fell within the domain of UPSC and the Centre. Counsel for the petitioner, Advocate Mahesh Jethmalani, argued that Section 33 of the Act clearly laid down that three per cent posts would be reserved for handicapped in every government establishment.
Jethmalani also referred to a Supreme Court judgement of 2010 which had said the rule would be applicable in direct recruitments and promotions. The petitioner is this case was a handicapped person and an IAS candidate.
The bench, however, observed that appointment is a broader concept and the Centre is providing a narrow interpretation of it. ‘You are frustrating the very reservation policy and cause of class for which Parliament passed the law,’ the bench said.
‘For the last 19 years it is not being implemented and the class, for which the legislation was made, has not got benefited as it should have,’ the bench said. The court dismissed the petition of Centre challenging order of Bombay High Court which had directed the Centre and the Union Public Service Commission (UPSC) to implement a 3 per cent quota in direct recruitments and promotions for the disabled in the IAS.
The Bombay HC on 5 December 2013 had directed the UPSC and the Centre to implement the three per cent quota for the disabled in the IAS as per provisions under the Persons with Disability Act. The order was given by a bench headed by Chief Justice Mohit Shah, while hearing a petition filed by National Confederation for Development of the Disabled.
The quota would have to be applied in both recruitments and promotions. The PIL seeks implementation of quota with effect from 1996 when the act came into force. However, the bench has directed its implementation from 2010, when the PIL was filed.
Earlier, the state government had said that the issue fell within the domain of UPSC and the Centre. Counsel for the petitioner, Advocate Mahesh Jethmalani, argued that Section 33 of the Act clearly laid down that three per cent posts would be reserved for handicapped in every government establishment.
Jethmalani also referred to a Supreme Court judgement of 2010 which had said the rule would be applicable in direct recruitments and promotions. The petitioner is this case was a handicapped person and an IAS candidate.
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