SC welcomes govt’s steps to implement quota for disabled

New Delhi, September 1

In rare appreciation, the Supreme Court today welcomed the steps taken by the government in filling up vacancies meant for differently-abled persons and disposed of a contempt plea alleging “wilful disobedience” of an order to provide 3 per cent quota to such persons.

“We have considered rival submissions. In view of the compilation filed by the Solicitor General, it seems that there is an unequivocal and unambiguous commitment by the Union of India to fill up the posts,” a bench of Justices Ranjan Gogoi and NV Ramana said.

“We cannot hold that there is wilful disobedience of the order of this court,” it said, adding that Attorney General Mukul Rohatgi and Solicitor General Ranjit Kumar have told the court that the process of filling up of over 15,000 vacancies has begun and would conclude by February next year.

Disposing of the plea of NGO National Federation of the Blind, the bench said filling up so many posts was a "large scale process and to which the Union stands committed" and termed the exercise as a "positive step".

The court's order came on the plea which sought initiation of contempt proceedings against the Department of Personnel and Training (DoPT) and its Secretary for not complying with an earlier order of providing three per cent quota in jobs to persons with disabilities.

The bench, however, did not deal with the issue as to whether the three per cent quota could be provided in cases of promotions also.

It rejected the submission that the Bombay High Court had held that reservation be given in promotions also and this decision had attained finality as the appeal and review of the government against it were rejected by the apex court.

"The SLP (special leave petition against HC order) was dismissed simplicitor. In the absence of any reason (for dismissal), we cannot speculate," it said.

During the hearing, the Solicitor General said that quota is not permissible in the case of promotions and it has to be given "in fresh appointments" only.

The court had on January 12 asked DoPT to reply to the NGO's fresh plea seeking contempt action for not complying with the earlier order on providing three per cent quota in jobs to persons with disabilities.

Senior advocate SK Rungta, appearing for the NGO, had said the DoPT Secretary committed contempt by not amending the government's office memorandum as per the earlier direction of the apex court in this regard.

The NGO had said that DoPT had issued such a memorandum for providing three per cent quota to persons with disabilities.

The posts should have been computed against the total number of vacancies in the cadre strength to be filled up through direct recruitment in group A and B posts, the NGO had said, adding "this amendment in the office memorandum was not in accordance with the direction of the court."

It had alleged that other clauses which were also to be amended to comply with the court's directions, have not been changed "intentionally and deliberately".

Most of the clauses relate to the quantum of reservation and maintenance of roster, it had claimed.

The DoPT also did not take steps to fill up vacancies to be calculated against the reservation for persons with disabilities, adopting the manner of computation in terms of court's directions within a period of three months, it said.

The NGO had also sought direction to the DoPT to ensure "strict and timely compliance" of court's earlier order to revive a committee for undertaking a centralised special recruitment drive to clear up the backlog of reserved vacancies for such persons.

The court, in an order passed on October 8, 2013, had provided separate one per cent reservation for each of the three categories of persons with disabilities, namely persons suffering from blindness and low vision, those suffering from hearing disability and those suffering from locomotor disability or cerebral palsy respectively. — PTI