SC ruled 3 percent quota for disabled persons in all government jobs

The Supreme Court on 12 September 2014 ruled 3 percent quota for disabled persons in all government jobs, including Indian Administrative Services (IAS), and promotions.

A bench headed by Chief Justice R M Lodha said that the disabled people have not got their due in the last 19 years. Despite the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act was passed in 1995. The bench also comprised Justices Kurian Joseph and Rohinton F Nariman.

On the other hand, government contended that reservation cannot be given in case of promotion to Group A and Group B officers category as it is not a case of appointment.

The bench, however, observed that appointment is a broader concept and the Centre is giving a narrow interpretation of it.

Hence, SC allowed the reservation in all categories of government jobs including in the matters of appointment, selection, direct recruitment, deputation and also for promotions.

The bench also included that the principle of not exceeding 50 per cent reservation would not be applicable while granting quota for differently-abled people.

The bench ruled that the objective of the reservation policy, as envisaged by Parliament, was unequivocal that the differently-abled people must get the benefits without technical impediments.

The court dismissed the petition of the Centre challenging an order of Bombay high court which had directed the Centre and the Union Public Service Commission to implement 3 per cent quota in direct recruitment and promotions for the disabled in the IAS.