Nullifying the orders of central government to restrict promotion of differently-abled candidates in Group A and Group B posts of government offices, the Supreme Court has recently ruled out that there must be three percent reservation for such candidates in all posts and services under the Government of India.
Earlier the reservation in government offices were confined to Group C and Group D posts for disabled candidates. In the memoranda of 1997 and 2005 the Department of Personnel and Training had also distinct them, stating that there would be no reservation for filling the posts of Group A and B through promotion. A bench of Supreme Court Justices Chelameswar and Abhay M Sapre ruled out that the memorandum of DoPT is illegal and inconsistent with the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The bench stated, “We further direct the government to extend three percent reservation to PWD in all identified posts in Group A and Group B, irrespective of the mode of filling up such posts. It is disheartening to note that low numbers of PWD (much below three percent) are in government employment long years after the 1995 Act. Barriers to their entry must, therefore, be scrutinized by rigorous standards within the legal framework of the 1995 Act.”
Though some of the High Courts have passed judgment in for of the disabled candidates in the past, the central government had always appealed against these orders to get away with it. Now, after the Supreme Court judgment, they would have to abide by the ruling and allow 3 percent reservation to the disabled.