Delhi High Court relief on disabled quota suspended by Supreme Court

 Source: IANS New Delhi, Nov 6, 2009 (IANS) 

The Supreme Court Friday suspended a Delhi High Court order to the union government to provide three percent reservation in state jobs to physically challenged persons as per a special law that accords one percent quota for visually impaired candidates.

A bench of Chief Justice K.G. Balakrishnan and Justice P. Sathasivam and Justice Deepak Verma suspended the high court order saying: “We are staying the high court directions. They are prima facie incorrect.” The bench, however, clarified that it was not suspending the law for three percent reservation in state jobs to physically challenged persons, the Disabilities Act. 

The apex court gave the order on an appeal by the union government challenging a Delhi High Court order, which had directed the centre to fully comply with the Disabilities Act and reserve three per cent seats for disabled persons according to its 1996 notification. 

 While granting the relief to the union government, the bench refused to heed the plea of National Federation of the Blind which wanted that the High Court order be allowed to operate. Advocate Pratiti Rungta, himself visually impaired, who appeared for the federation, opposed the government’s appeal but the bench declined it saying “it is not possible to continue with the high court order.” 

Rungta’s failed to convince the bench that no recruitment has been made under the Act. Additional Solicitor General Indira Jaising contended that the directions of the high court were not workable. The apex court had earlier directed the government to file a detailed status report regarding the extent to which the posts had been identified and filled up and also what steps had been taken to fill up the vacancies that had arisen since the Act has gone into force in 1996. The government is yet to file the status report.

AP High Courts questions its own Registrar General on rejecting Blind lawyer for the post of Judge!

Dear Friends,

Another good news. This time from Guntur district of Andhra Pradesh. A blind lawyer R Varahalaswami applied for posts of civil judge but faced rejection on the grounds of disability at the hands of Registrar General of AP High Court.

When challenged in the High Court, he gets a favourable order. The High Court even asked the petitioner to challenge the Recruitment Rules of the AP High Court! (Asked to challenge its own rules!!!!)

Another success after Tamilnadu! I am longing to see such a success in Delhi Judiciary Examination soon. Mind you, Delhi High Court has already amended its rules to accommodate the quota of Persons with Disabilities and reserved posts too some 3-4 years back. But till date no successful entry!!

regards

Subhash Chandra Vashishth

Here is the latest story from Times of India :

HYDERABAD: The AP High Court, on Thursday, accorded permission to a blind man for appearing for a screening test for the post of civil judge and also write the relevant written examination with the help of an assistant.

R Varahalaswami, a 28-year-old visually challenged advocate from Guntur applied for the post of a civil judge in June when the HC notified the posts for filling them up through a screening test and interview.

The judicial authorities rejected his application on June 16 saying that he has hundred per cent blindness and hence cannot be considered for this post. Swami approached the High Court challenging the rejection of his application. B Venkateswarlu, counsel for the petitioner arguing before a division bench comprising Justice Ghulam Mohammed and Justice Vilas V Afzulpurkar, contended that the proceedings of the Registrar General of the High Court were contrary to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1955.

He said that the Act provides for 3 per cent reservations for persons with disability in every establishment of which one per cent should be reserved for persons suffering from blindness or low vision.

He maintained that the Registrar General in his notification issued for the recruitment of civil judges did not prescribe any disqualification to the 100 per cent visually challenged applicants.

The counsel told the court that the Madras High Court has appointed a totally blind person as a Munsif and he was also given posting as third additional district munsif at Coimbatore on June 1, this year.

The bench directed the Registrar General to allow the petitioner to attend to the screening test scheduled to be held on July 5 and provide an assistant to guide the petitioner during the test. It also told the petitioner to challenge the recruitment rules of the AP High Court in this regard.

Delhi High Court gets tough on Railways for failing to fill up the reserved seats of Disabled

Dear Friends,

An update on the case being argued currently by Mr. Mani, my colleage at AICB's Advocacy Committee which incidently I had filed few years back!

The High Court is taking the matter seriously as it is seized with the matter for a long time now. I have a fear- a genuine fear! The recruiting organisations often count the candidates on reserved seats even if they clear on their own merit thereby limiting the recruitment prospects. Thus the reservation policy often works counter-productive.

Till today, I have not come across any case where the person even though higher in the merit and selected in Disabled Quota ever went and challenged as to why he was selected in reserved quota and not on his own merit - for his job is done and he doesn't want to antagonise the employer.

Others never come to know about the waiting list unless they apply for it under RTI. Thus many who genuinely need that reservation to find an employment never get that.

Another area of concern is counting an old employee who was recruited as non-disabled but acquired disability during his service, in disability quota . This also further restricts the quota and doesn't give clear picture of the implementation of the reservation policy of the employer. Well, this needs some serious cogitation!

regards

Subhash Chandra Vashishth
09811125521

Here is the press release :

New Delhi, Monday, 6th April 2009:

While hearing a petition filed by AllIndia Confederation of the Blind relating to violation of persons withdisabilities Act by the Indian Railways, a division bench of the Delhi High Court headed by Justice A. P. Shah (Chief Justice) sharply criticized the railways for not adhering to the court orders of 20th January 2009 directing it to maintain a roster with regard to appointments of disabled persons in Railways.

Earlier, a joint report worked out by the petitioner and the respondent asper the directions of the Delhi High Court had stated that there was awhopping backlog to the extent of 4254 vacancies on which disabled persons should have been appointed as per the persons with disabilities Act, but therailways did not adhere to the provisions of this Act.

Mr. Rajan Mani, counsel for the petitioner, All India Confederation of the Blind, argued that maintaining a roster was the first step towards ensuring reservations for disabled persons. ”Clearly, the Railways is not serious about fulfilling its statutory obligations,” he argued.

The honuorable Chief Justice observed that non compliance of court ordersamounted to contempt of the Court. He directed that Secretary Railways /Member (staff recruitments) be present in person on Monday 13th April 2009.The court also directed Railways to start special recruitment drive toappoint disabled persons by utilizing at least 50% of the available vacancies for this purpose. In a landmark order the court also directed therailways that no recruitment will take place unless provision is made tofill up 4254 vacancies reserved for disabled persons.