In a landmark ruling, the Supreme Court of India on Friday ordered the government to abide by the policy of three per cent disability quota in all government jobs including the IAS.
The apex court turned down an appeal filed by the central government that wanted to restrict the meaning of appointment in the law on reservation for persons with disabilities to direct recruitment.
The government was appealing against a 2013 Bombay High Court order where it was ruled that under Section 44 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995, the terminology appoint would include all aspects including selection and promotion, and clearly not only direct recruitment.
The case was heard by a bench comprising Justices Kurian Josept, RM Lodha and Rohinton F Nariman. The bench clearly stated that it was not possible to confine the term only to direct recruitment. They added by saying that doing so will amount to “frustrating the reservation policy” without even reaching “the very class for which” the rules were implemented.
Any appointment made under Section 33 “can be by way of direct recruitment, promotion, deputation even,” commented the Chief Justice. At present, Section 33 of the PWD Act reserves a minimum of three per cent seats in every establishment for persons suffering from low vision/blindness, hearing impairment, cerebral palsy or locomotor disability.