SC rues barriers for disabled in govt. service
Quashing the central government’s earlier orders on restricting
reservation for the differently-abled in promotion to Group A and Group B
posts, the Supreme Court has ruled that 3% reservation shall be provided to
them in all posts and services under the Government of India.
Background:
The government had confined such reservation to Group C and Group
D posts. In its memoranda issued in 1997 and 2005, the Department of Personnel
and Training (DoPT) had also created a distinction between posts to be filled
through direct recruitment and those through promotion, while stating that no
reservation shall be provided in posts to be filled through promotion in Group
A and Group B categories.
Supreme Court’s observations:
- The Court has declared the DoPT memoranda as “illegal and inconsistent” with the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
- The apex court has said that the government must scrutinise the barriers to their entry by rigorous standards within the legal framework of the 1995 Act.
- The court has also directed the government to extend 3% reservation to PWD (persons with disability) in all identified posts in Group A and Group B, irrespective of the mode of filling up such posts.
Significance of this judgement:
This is the first authoritative judgment that has explicitly
directed the government to do away with the distinction and give benefits of
reservation to the differently-abled, without any classification.
