Reversing the orders of central government that restricted reservation for the differently-abled in promotion to Group A and Group B posts, the Supreme Court has now ruled that 3% reservation shall be provided to them in all posts and services under the Government of India.
Earlier, 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.
The court in its ruling on June 30 declared the DoPT memoranda as “illegal and inconsistent” with the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
The bench said:
We further direct the government to extend three per cent 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. It is disheartening to note that low numbers of PWD (much below three per cent) are in government employment long years after the 1995 Act. Barriers to their entry must, therefore, be scrutinized by rigorous standards within the legal framework of the 1995 Act.
In the past, while some high courts ordered reservation in such posts for the disabled, the central government appealed against these orders.
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.
Source: The Indian Express