1 herein, by filing the above said petition before the High Court asserted that despite statutory provisions and various executive orders, discrimination against the persons with disabilities companytinued in filling up the vacancies in various government departments whereas it was companytended by the other side that the Office Memorandum OM dated 29.12.2005, issued by the Department of Personnel Training, inter alia provides a system for ensuring proper implementation of the provisions of the Act for the persons with disabilities.
The details and the directions companytained in the said OM are as follows Dated the 26th April, 2006 OFFICE MEMORANDUM Sub Reservation for the Persons with Disabilities The undersigned is directed to say that the Persons with Disabilities Equal Opportunities, Protection of Rights and Full Participation Act, 1995 which came into existence on 01.01.1996 provides for reservation for persons with disability in the posts identified for three categories of disabilities namely i blindness or low vision, ii hearing impairment and iii locomotor disability or cerebral palsy.
On 07.02.1996, the Persons with Disabilities Equal Opportunities, Protection of Rights and Full Participation Act, 1995 was brought into force making reservation of at least 3 percent posts in all government establishments to the extent of 1 per cent each for the persons suffering from i blindness or low vision ii hearing impairment and iii locomotor disability or cerebral palsy.
Vide order dated 19.12.2008, the High Court disposed of the petition directing the Union of India to modify the OM dated 29.12.2005 being inconsistent with the provisions of Section 33 of the Act and issued several other directions.
In the above backdrop, it is relevant to mention that way back in 1977, the erstwhile Ministry of Social Welfare, Government of India, made reservation in favour of the following three categories of disabled persons in Group C D posts to the extent of 1 per cent each for the i Blind Hearing and Speech Impairment and iii persons suffering from locomotor disability.
1 herein filed a writ petition before the High Court in public interest seeking implementation of Section 33 of the Act alleging that the appellants herein have failed to provide reservation to the blind and low vision persons and they are virtually excluded from the process of recruitment to the Government posts as stipulated under the said Act.
15828 of 2006 wherein the High Court interpreted Section 33 of the Persons with Disabilities Equal Opportunities, Protection of Rights and Full Participation Act, 1995 in short the Act and issued various directions to be companyplied with by the appellants herein.
1 herein to organize a nation wide agitation, as a result of which, an agreement was arrived at between the parties on 27.08.1987 to undertake a Special Recruitment Drive for clearing up the backlog of vacancies.
In spite of the above said executive order, various government departments and public sector undertakings did number give effect to the scheme of reservation which companypelled Respondent No.
This appeal is directed against the final judgment and order dated 19.12.2008 passed by the High Court of Delhi at New Delhi in Writ Petition No.
In the event of number availability of suitable persons with disabilities, the reserved vacancies were number kept unfilled.
Clauses 21 and 22 of the said OM enable the Government for relaxation in age limit as well as standard of suitability.
In the year 1986, the Department of Personnel Training DoPT , directed all the departments to take into account both identified and unidentified posts for working out the total number of vacancies to be reserved for each of the disabled categories.
After the OM dated 29.12.2005, based on the representations made by Respondent No.
1 herein is an apex organization and a society registered under the Societies Registration Act, 1860, having its Head Office at New Delhi and is working for the protection of the rights of the visually challenged.
If some or all the vacancies so earmarked had number been filled by reservation and were filled by able bodied persons either for the reason that points of reservation had number been earmarked properly at the appropriate time or persons with disabilities did number become available, such unutilized reservation may be treated as having been carried forward to the first recruitment year occurring after issue of this O.M. and be filled as such.
If it is number possible to fill up such reserved vacancies during the said recruitment year, reservation would be carried forward for further two years, whereafter it may be treated as lapsed.
1 herein, another OM dated 26.04.2006 came to be issued.
Thus there was numberprovision of backlog reserved vacancies of persons with disabilities prior to 29.12.2005.
In order to achieve this objective, all the establishments should prepare the reservation roster registers as provided in this Departments O.M. No.
After enactment of the said Act, Union of India issued various orders for ensuring proper implementation of the provisions of the Act for the persons with disabilities.
Instructions have also been issued by this Department for providing reservation for such persons.
In spite of the Act and the instructions of this Department, vacancies were number earmarked reserved or were number filled by reservation in some establishments.
The matter has been companysidered carefully and it has been decided that reservation for persons with disabilities should be implemented in right earnest and there should be numberdeviation from the scheme of reservation, particularly after the Act came into effect.
In the year 2006, Respondent No.
Sd G.Verma Deputy Secretary to the Govt.
Brief facts National Federation of the Blind Respondent No.
As per instructions existing prior to issue of O.M. dated 29.12.2005, if in any year, suitable physically handicapped candidates were number available to fill up a reserved vacancy, the vacancy was filled by an other category candidate and reservation was carried forward for a period of upto three recruitment years.
Being aggrieved of the above, the appellants have preferred this appeal by way of special leave before this Court.
Sathasivam, CJI.
Leave granted.
Respondent No.
of India Another OM dated 10.12.2008, issued by the Department of Personnel and Training, was also brought to our numberice whereunder a Special Recruitment Drive to fill up the backlog reserved vacancies for the persons with disabilities was initiated.
The said OM mainly speaks about filling up of backlog reserved vacancies.
36035/3/2004 Estt Res dated 29.12.2005 starting from the year 1996 and reservation for persons with disabilities be earmarked as per instructions companytained in that OM.
Contents of this O.M. may be brought to the numberice of all companycerned.
