[AI] Appoint visually handicapped person who cleared IAS exam'

pradeep banakar pradeepsocialwork at gmail.com
Thu Jul 8 00:26:22 EDT 2010


‘Appoint visually handicapped person who cleared IAS exam'
J. Venkatesan

http://thehindu.com/todays-paper/tp-national/article505093.ece

New Delhi, July 8, 2010
The Supreme Court on Wednesday came to the rescue of a visually
handicapped person who cleared the 2006 Civil Services examination and
the interview but was denied employment.

It directed the Government of India to appoint him under the
provisions of Persons with Disabilities (Equal Opportunities,
Protection, Rights and Full Participation) Act.

A Bench consisting of Justices Altamas Kabir and Cyriac Joseph
rejected the Centre's contention that since posts for the visually
handicapped had not been identified, no appointment could be provided
to respondent Ravi Prakash Gupta. Mr. Gupta, who is 100 per cent
blind, himself argued the case.

Writing the judgment, Justice Kabir said the fact that the respondent
was eligible for appointment in the civil services after having been
declared successful and placed at Serial No. 5 in the Disabled
Category of the visually impaired candidates could not be denied.

The Centre's contention on implementation of the provisions of Section
33 of the Disabilities Act only after identification of posts suitable
for such appointment “runs counter to the legislative intent with
which the Act was enacted.”

The Bench said that “to accept such a submission would amount to
accepting a situation where the provisions of Section 33 of the Act
could be kept deferred indefinitely by bureaucratic inaction. As has
been pointed out by the High Court, neither Section 32 nor Section 33
makes any distinction with regard to Grade ‘A', ‘B', ‘C' and ‘D'
posts.

They only speak of identification and reservation of posts for people
with disabilities, though the proviso to Section 33 does empower the
appropriate government to exempt any establishment from the provision
of the said Section, having regard to the type of work carried on in
any department or establishment.”

The judges said, “The Legislature never intended the provisions of
Section 32 of the Act to be used as a tool to deny the benefits of
Section 33 to these categories of disabled persons indicated therein.”

In the instant case, the Delhi High Court set aside the orders of the
Central Administrative Tribunal rejecting the relief sought for by Mr.
Gupta. It directed the Centre to grant him appointment as there was
sufficient number of vacancies in which he could be appointed. The
present appeal by the Centre is directed against this order.

The Supreme Court Bench, while declining to interfere with the High
Court order, granted the Centre eight weeks for complying with the
directions.

Disapproving of the Centre's stand, the Bench imposed Rs.20,000 costs
on it to be paid in four weeks.




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Bench asks government to give him job under the Disabilities Act
Rejects Centre's contention that Act could be implemented only after
identification of posts


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