Issue guidelines to uniformly implement reservation for disabled persons in all government departments: Delhi High Court

The Delhi High Court on Wednesday ordered the Ministry of Social Justice and Empowerment to issue guidelines for implementation of reservation policy of Persons with Disabilities (PwD) in all government departments in a uniform manner [Court on its own motion v Kendriya Vidyalaya Sangathan]..A Division Bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula observed that there is a mismatch between the understanding of different departments as regards the mandate under the Representation of Persons with Disabilities Act (RPwD Act).While the Ministry of Social Justice and Empowerment (nodal ministry under the RPwD Act) has upgraded the list of posts suitable for the PwDs, the same has not percolated down to the departments which conduct recruitment,’ the Bench noted.“This policy disconnect had led to a situation wherein different departments are made to learn the same lesson after individual cases travel to the constitutional Courts. The direct impact of this practice is to compel the PwDs to assert their basic rights before judicial fora, something that cannot be termed as desirable. In this regard, we direct the concerned Secretary, Ministry of Social Justice and Empowerment to issue suitable guidelines for the implementation of reservation policy by all departments in a uniform manner. One step may go far in the fulfilment of our promise to the PwDs,” the Court said..It passed the order while dealing with one suo motu petition and a plea filed by an organisation named National Association of the Deaf challenging the two advertisements issued by Kendriya Vidyalaya Sangathan (KVS) inviting applications for teaching and non-teaching posts.It was argued that the advertisements dated December 2, 2022 are violative of the provisions of the RPwD Act which mandates 4% reservation for PwD candidates. According to the RPwD Act, 1% of the posts are reserved for deaf and hard of hearing persons but this was not done by the KVS.KVS argued that it had constituted an internal committee which decided against providing 1% reservation for deaf and hard of hearing persons..After considering the arguments, the Court held that KVS has violated the provisions of the RPwD Act and had assumed a power which never vested in it.The Court noted that posts identified by the Ministry of Social Justice & Empowerment by virtue of Section 32 RPwD Act cannot be deleted, as was done by the KVS in the present case.“In the considered opinion of this Court, if the process of recruitment is already over, the KVS – in respect of the identified posts, shall provide 1% reservation against the total vacancies notified vide the impugned advertisements to deaf and hard of hearing persons, and shall initiate a drive of special recruitment for filling up the vacancies reserved for various categories of disabled persons, including 1% identified persons who are deaf and hard of hearing,” the Court stated.It reiterated that the reservation must be calculated on the total number of vacancies and ultimate appointment shall take place on the posts identified in the 2021 notification."The KVS is directed to appoint deaf and hard of hearing persons by providing them 1% reservation against the total number of vacancies in the organization. Not only this, the KVS shall provide 4% reservation to the disabled persons in respect of total vacancies in the organization – which is the mandate of law. The exercise of appointing disabled persons, including deaf and hard of hearing persons be concluded within a period of six months from the date of receipt of certified copy of this judgment,” the judgment said. .Senior Advocate Dayan Krishnan appeared as Amicus Curiae in the matter. He was assisted by Advocate Sanjeevi Seshadri.Advocates Sanchita Ain, Habib Muzaffar and Sarah Sunny appeared for National Association of the Deaf.The Union of India was represented through Central Government Standing Counsel (CGSC) Kirtiman Singh as well as advocates Waize Ali Noor and Yash Upadhyay.KVS was represented through advocates S Rajapaa and R Gowrishankar. .[Read Judgment]