On 12th September 2014, Supreme Court ruled 3
percent quota for disabled persons in all government jobs.
A bench headed by Chief Justice R M Lodha said that the
disabled people have not got their due in the last 19 years, despite the
Persons with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act was passed in 1995.
The bench also comprised Justices Kurian Joseph and Rohinton
F Nariman.
On the other hand, government 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.
Further, it claimed that the Persons with Disabilities Act
provides for three per cent quota for the differently-abled people.
The bench, however, observed that appointment is a broader
concept and the Centre is giving a narrow interpretation of it.
Hence, SC allowed the reservation in all categories of
government jobs including in the matters of appointment, selection, direct
recruitment, deputation and also for promotions.
The bench also included that the principle of not exceeding
50 per cent reservation would not be applicable while granting quota for
differently-abled people.
The bench ruled that the objective of the reservation
policy, as envisaged by Parliament, was unequivocal that the differently-abled
people must get the benefits without technical impediments.
The court dismissed the petition of the Centre challenging
an order of Bombay high court which had directed the Centre and the Union
Public Service Commission to implement 3 per cent quota in direct recruitment
and promotions for the disabled in the IAS.
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