The Supreme Court has directed the government to give three per cent
reservation to persons with disability (PWD) in all services,
irrespective of the mode of filling such posts.
A bench of Justices J Chelameswar and Abhay Manohar Sapre observed that it was "disheartening" to note that low numbers of PWD, which was much below three per cent, were in government jobs, years after Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, came into force.
"We further direct the Government to extend three per cent reservation to PWD in all identified posts in Group A and Group B irrespective of the mode of filling up of such posts," the bench said, while holding as "illegal" the two memoranda issued by the Department of Personnel and Training.
These memoranda, issued in February 1997 and December 2005, had denied the statutory benefit of three per cent quota in identified posts which could be reserved for PWD, falling under groups A and B.
The SCI's order came on a petition filed by some PWD employees of Prasar Bharati against these memoranda, saying it deprived them of the statutory benefit of reservation under the 1995 Act regarding Group A and Group B posts.
A bench of Justices J Chelameswar and Abhay Manohar Sapre observed that it was "disheartening" to note that low numbers of PWD, which was much below three per cent, were in government jobs, years after Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, came into force.
"We further direct the Government to extend three per cent reservation to PWD in all identified posts in Group A and Group B irrespective of the mode of filling up of such posts," the bench said, while holding as "illegal" the two memoranda issued by the Department of Personnel and Training.
These memoranda, issued in February 1997 and December 2005, had denied the statutory benefit of three per cent quota in identified posts which could be reserved for PWD, falling under groups A and B.
The SCI's order came on a petition filed by some PWD employees of Prasar Bharati against these memoranda, saying it deprived them of the statutory benefit of reservation under the 1995 Act regarding Group A and Group B posts.
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