Reservation Rules for Physically Challenged to be Implemented by Centre: Supreme Court

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The hon’ble Apex Court ruled that the Central Government and the State Governments has the duty to implement the reservation rules for the differently-abled. This ruling has benefited nearly four crore disabled persons in our country. After one year, the Supreme Court had asked the Central Government to take a wider approach regarding the three percent reservation granted to the disabled persons in promotion. Few days before, the SC had rejected an appeal filed by the Centre challenging the decision of Punjab and Haryana High Court rendered in 2012. The court also questioned the rationale behind challenging the decision after so many years.

The High Court had issued direction to the Centre to reserve three percent seat to physically handicapped people when appointing them in government service and also to provide reservation for promotion as per the provisions provided under Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The Government could not satisfy the court by its arguments. The counsel for the Central Government though tried to convince the court for delay caused, the Apex Court said that the reasons stated were not satisfactory. The Court also did not entertain the appeal and showed its reluctance to move on to the merits of the case. The Court stated that the Special Leave Petition filed by the Centre is dismissed for delay.

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The Court showed its annoyance towards the approach adopted by the government agreeing to give reservation at the stage of appointment but denying reservation during promotion. The Court further held that once reservation is declared for appointments, it will include direct appointment, promotion as well as deputation. The Court also directed the Government to give effect to the beneficial legislations for grating benefits to the desired persons. As the court had not given a wide description for dismissing the appeal, the Government is about to approach the court after clearing the shortcomings.

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Adv. Jewel Panicker