Thursday, March 5, 2015

Delhi HC directs UPSC to distribute vacancies equally [Judgement included)

Dear Colleages,

Please refer to my earlier post titled "Two High Courts direct Extra time, reasonable accommodation & reservation in CSE 2014" whererin writ petition was filed before the Delhi High Court as well as Bombay High Court challenging the constitutional validity of UPSC's Notification Civil Services Examination 2014 on the grounds that it was against the rights of persons with visual impairments granted by the Persons with Disabilities Act 1995. 

While my earlier post contained the judgement of the case filed in Mumbai High Court and an interim order in the case filed in Delhi High Court, this post contains the final order passed in the case before the Delhi High Court bearing  WP (C) No. 3919 of 2014 titled Sambhavana Vs. Union of India and others dated 04 March 2015.

Directions by the Court 

(a) the respondent no.2 UPSC shall find out from the respective Cadre Controlling Authorities the reason for allocating the vacancies in excess of 3% unequally between the three categories aforesaid.

(b) if the Cadre Controlling Authorities are unable to give any valid reason, the vacancies in excess of 3% shall also be equally distributed between the persons with disability of all three categories and the appointments in pursuance to the Employment Notice impugned in the petition shall be made accordingly.

(c) Relief claimed seeking issuance of a direction to the respondents to comply with the Office Order dated 26th February, 2013 supra is concerned, we had in our order dated 19 th August, 2014 held that the guidelines contained therein were issued as per the directions of the Chief Commissioner for Persons with Disabilities who is an Authority appointed under Section 57(1) of the Act and cannot be treated as mere executive instructions and the said guidelines having been issued for effective implementation of the provisions of the Disabilities Act, have statutory force and are bound to be implemented by all Departments and Authorities. No arguments whatsoever were addressed on the said aspect by the learned counsel for the respondents during the hearing of the writ petition and therefore, we hold with respect to the said prayer that the respondent no.2 - UPSC shall abide by the said guidelines for all times to come unless the same are varied in accordance with law.




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