The Supreme Court today held that three per cent reservation for differently-abled persons be given in all category of government jobs including in appointments and promotions to IAS while pulling up the Centre for "frustrating" the very purpose of empowering legislation by opposing it.
A bench headed by Chief Justice R M Lodha said the disabled persons have not got their due in the last 19 years 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 giving a narrow interpretation of it.
"You are frustating 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, had 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 to implement a 3 per cent quota in direct recruitments and promotions for the disabled in the IAS.
A bench headed by Chief Justice R M Lodha said the disabled persons have not got their due in the last 19 years 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 giving a narrow interpretation of it.
"You are frustating 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, had 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 to implement a 3 per cent quota in direct recruitments and promotions for the disabled in the IAS.
Source:-The Economic Times
1 comment:
When there is reservation for SC/STs every higher authority fears about SC/ST Commission or SC/ST Ministers etc but in case of disabled there is no supporters as disabled are treated as beggars.Why government took 19 years to deny reservation to disabled persons? Now when SC/STs are provided reservation in promotion in Gr.A/GrB and govt opposes same thing for disableds? Why u can understands disabled are treated as second class citizens and they can not create hue & cry and dont have political support like SC/STs.Means they are again treated as beggars despite availability of disability act. SC/STs have also strict atrocity act to protect them but disableds dont have this act so they will continue to be treated like beggars every where in govt service or private by powerful persons.
Ramesh
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