"He Has Been Made To Run From Pillar To Post": SC Directs Appointment Of 100% Visually Impaired CSE-2008 Candidate Against Backlog Vacancies
|The Supreme Court of India by invoking its jurisdiction under Article 142 of the Constitution of India directed authorities to appoint successful Civil Services Examination- 2008 PH category candidates against backlog vacancies of PWD candidates.
The Court said that the case of candidates could have been considered given the Union of India's significant delay in implementing the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
The bench of Justice Abhay S. Oka and Justice Pankaj Mithal observed, “The cases of respondent no.1 and the other 10 candidates belonging to the VI category who are above him in the merit list of CSE-2008 shall be considered for appointment against the backlog vacancies of PWD candidates either in IRS (IT) or in other service/branch”
Brief Facts-
In the present case the Respondent, a 100% visually impaired candidate, appeared for the Civil Services Examination but was denied an appointment. He filed an application with the Central Administrative Tribunal (CAT), arguing that backlog vacancies for persons with disabilities were not filled as required by the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The CAT directed the authorities to calculate and fill these vacancies, but the respondent was still denied the position. A direction was issued by the CAT that the candidates belonging to the VI category must be selected against the reserved category and be given an appointment against which the Union moved to the Delhi High Court which dismissed its Writ Petition. Hence, the appeal.
The Court noted that the Union of India noted that the IRS (C&E) and IRS (IT) posts were excluded from the reservation under Section 33 of the PWD Act, 1995, for the VI category. However, according to the Court, there is a finding that no notification was issued excluding the two categories for VI category candidates in terms of the proviso to Section 33 of the PWD Act, 1995. Therefore, as per the Court in the absence of such a notification, the reservation will have to be provided to the VI category candidates in these two categories as well.
The Court said that unfortunately, the Union of India at all stages had taken a stand that defeated the very object of enacting laws for the benefit of persons with disability.
The Court further said if the appellant had implemented the PWD Act,1995, in its true letter and spirit, the candidate would not have been forced to run from pillar to post to get justice.
The Court by using its jurisdiction under Article 142 of the Constitution of India issued directions of appointment.
Finally, the Court disposed of the Appeal.
Cause Title: Union of India v. Pankaj Kumar Srivastava & Anr. (Neutral Citation: 2024 INSC 471)