The Supreme Court on Tuesday directed the Centre and state governments to provide three per cent job reservation to disabled persons in their departments, companies and PSUs observing that it is an “alarming reality” that they are unemployed due to social and practical barriers.
The court warned that not observing reservation scheme for disabled persons would be considered as an act of “non-obedience” and it would lead to initiation of departmental proceeding against the nodal officer concerned.
It also directed the Centre and the state governments to compute the number of vacancies available in all the“establishments” and identify the posts for disabled persons within three months and implement it without default.
The three per cent reservation will be to the extent of one per cent each for the blind, hearing and speech impaired and persons suffering from locomotor disability or cerebral palsy, the court said while clarifying that the principle of not exceeding more than 50 per cent reservation would not be applicable while granting quota for disabled persons.
“Employment is a key factor in the empowerment and inclusion of people with disabilities. It is an alarming reality that the disabled people are out of job not because their disability comes in the way of their functioning rather it is social and practical barriers that prevent them from joining the workforce.
“As a result, many disabled people live in poverty and in deplorable conditions. They are denied the right to make a useful contribution to their own lives and to the lives of their families and community,” a bench comprising Chief Justice P Sathasivam and justices Ranjana Prakash Desai and Ranjan Gogoi said.
While directing to identify the posts for disabled persons, the bench said” The Centre herein shall issue instructions to all the departments/PSUs/government companies declaring that the non-observance of the scheme of reservation for persons with disabilities should be considered as an act of non-obedience and nodal officer in department/PSUs/ government companies, responsible for proper strict implementation of reservation for person with disabilities, be departmentally proceeded against for the default.” NGO National Federation of the Blind had sought implementation of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 alleging that the Centre and states have failed to provide reservation to the blind and low vision persons and they are virtually excluded from the process of recruitment to government posts as stipulated under the Act.
The court warned that not observing reservation scheme for disabled persons would be considered as an act of “non-obedience” and it would lead to initiation of departmental proceeding against the nodal officer concerned.
It also directed the Centre and the state governments to compute the number of vacancies available in all the“establishments” and identify the posts for disabled persons within three months and implement it without default.
The three per cent reservation will be to the extent of one per cent each for the blind, hearing and speech impaired and persons suffering from locomotor disability or cerebral palsy, the court said while clarifying that the principle of not exceeding more than 50 per cent reservation would not be applicable while granting quota for disabled persons.
“Employment is a key factor in the empowerment and inclusion of people with disabilities. It is an alarming reality that the disabled people are out of job not because their disability comes in the way of their functioning rather it is social and practical barriers that prevent them from joining the workforce.
“As a result, many disabled people live in poverty and in deplorable conditions. They are denied the right to make a useful contribution to their own lives and to the lives of their families and community,” a bench comprising Chief Justice P Sathasivam and justices Ranjana Prakash Desai and Ranjan Gogoi said.
While directing to identify the posts for disabled persons, the bench said” The Centre herein shall issue instructions to all the departments/PSUs/government companies declaring that the non-observance of the scheme of reservation for persons with disabilities should be considered as an act of non-obedience and nodal officer in department/PSUs/ government companies, responsible for proper strict implementation of reservation for person with disabilities, be departmentally proceeded against for the default.” NGO National Federation of the Blind had sought implementation of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 alleging that the Centre and states have failed to provide reservation to the blind and low vision persons and they are virtually excluded from the process of recruitment to government posts as stipulated under the Act.
