The Delhi High Court on Tuesday observed that it’s mandatory for all government organizations, including the judiciary, to have a minimum of 3 per cent vacancies reserved for the disabled.
The ruling also categorically termed the decision taken by the High Court administration not to include disability quota in the forthcoming direct recruitment process (for the Delhi Higher Judicial Services) as “arbitrary and discriminatory”.
“The non-inclusion of DHJS cadre posts for the purposes of reservation under the Disabilities Act, cannot be upheld; it amounts to discrimination,” the division bench comprising Justices S Ravindra Bhat and R V Easwar said.
Apart from that, the court also directed the concerned officials to execute a thorough review of the remaining number of vacancies in the DHJS that can be aptly “earmarked for those with disabilities according to the total number of sanctioned posts”. This is to find out the appropriate number of candidates that can be hired in the next round of recruitment.
Meanwhile, the court also ordered the administration to execute a “special recruitment procedure” just for the earmarked vacancies for those legally entitled to be considered under the Disabilities Act within a year from the date on which results of the current recruitment process was declared.
The bench also remarked that “there can be no difference for reservation under the Disabilities Act” between the DHJS and DJS because officers in both ranks perform similar functions and duties.
Meanwhile, the HC also instructed the administration to set aside a post (out of total 14) for individuals eligible under the disability quota. However, the bench made it clear that the reserved seat must not kept vacant and should be filled within the next recruitment round.