SC clears 3% reservation for disabled in jobs and promotions in all Govt jobs including in IAS

September 14, 2014

The Supreme Court ruled 3% quota for disabled persons in all government jobs including IAS. A bench headed by Chief Justice R M Lodha held that the disabled people have not got their due in the last 19 years even though the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act was passed in 1995.

The government argued 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 and held that the the Persons With Disabilities Act provides for 3% quota for the differently-abled people.

The bench, however, noted that ‘appointment’ is a wider concept and the Centre is giving a limited interpretation of it. Therefore, Supreme Court permitted the reservation in all classes of government jobs containing in the matters of appointment, selection, direct-recruitment, deputation and also for promotions. The bench held that the principle of not exceeding 50% reservation would not be valid while allowing quota for differently-abled people.

The bench ruled that the purpose of the reservation policy, as envisioned by the Parliament, was indisputable that the differently-abled people must get the advantages with no technical hurdles.

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6 Comments

  1. apparao

    September 14, 2014 at 8:18 pm

    Government should take necessary action on getting all given benefits to differently able person. Some officers are intentionally neglecting to implement the concern dopts, So please take action on them

    • Rishi Sharma.

      September 15, 2014 at 2:10 am

      Yes it’s true. As in the case of civil services in some states a difable person qualifies the same exam but he gets the post of lowest level. It should be clearly mentioned in each and every advertisements that the x and y post is suitable for person with disabilities or not.

  2. apparao

    September 14, 2014 at 8:18 pm

    Government should take necessary action on getting all given benefits to differently able person. Some officers are intentionally neglecting to implement the concern dopts, So please take action on them

    • Rishi Sharma.

      September 15, 2014 at 2:10 am

      Yes it’s true. As in the case of civil services in some states a difable person qualifies the same exam but he gets the post of lowest level. It should be clearly mentioned in each and every advertisements that the x and y post is suitable for person with disabilities or not.

  3. S.THIRUCHANGU

    January 7, 2015 at 6:51 pm

    In a latest development on this issue, It is most distressed to note that even after the dismissal of the SLP by the Hon’ble SC, with so much deliberations and reasoning, of course as an obiter dictum, the DOPT has mindlessly filed a Review petition before the Bombay HC which was dismissed on 25.11.14 (Pl. refer to the RTI reply by none other than DOPT enclosed). The dismissal of the Review petition by the HC is shame on the functioning of the DOPT in most sensitive social issue and this shows their callous attitude towards PwDs. I don’t understand as to why they are still waiting to issue an OM – a sadistic red-Trappist mentality. Let us hope and wait, as the Govt has lost all their choices to play on the career of PwDs, any more. Let us also hope that the Ministry for Social Welfare and Justice will react soon in this regard.

  4. S.THIRUCHANGU

    January 7, 2015 at 6:51 pm

    In a latest development on this issue, It is most distressed to note that even after the dismissal of the SLP by the Hon’ble SC, with so much deliberations and reasoning, of course as an obiter dictum, the DOPT has mindlessly filed a Review petition before the Bombay HC which was dismissed on 25.11.14 (Pl. refer to the RTI reply by none other than DOPT enclosed). The dismissal of the Review petition by the HC is shame on the functioning of the DOPT in most sensitive social issue and this shows their callous attitude towards PwDs. I don’t understand as to why they are still waiting to issue an OM – a sadistic red-Trappist mentality. Let us hope and wait, as the Govt has lost all their choices to play on the career of PwDs, any more. Let us also hope that the Ministry for Social Welfare and Justice will react soon in this regard.

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