New Delhi, Sep 12 :
The Supreme Court Friday told the government that it was frustrating the reservation policy for physically-disabled people in appointments and promotions by giving a distorted interpretation to the section of the disability act providing for three percent quota for them.
“You are frustrating the very reservation policy” for the physically disabled people, said a bench of Chief Justice R.M.Lodha, Justice Kurian Joseph and Justice Rohinton Fali Nariman as court dismissed a plea by the government challenging the Bombay High Court verdict for the enforcement of reservation even in promotions.
“How do you understand the appointment as a direct recruitment,” the court asked as Additional Solicitor General Pinki Anand told it that the reservation is in the matter of appointments. The court said that reservation is not limited to direct recruitment but it also includes promotions and deputation.
The government told the court that there was no problem in giving reservation to these people in group C and D category of services and it was not applicable to group A and B categories.
Objecting to the reservation in promotion for the physical disabled, Anand said that “they would supersede the people who are senior to them.” At this court said that it was the parliament that had made the enactment.
Dismissing the government’s plea, the court said that Persons with Disability Act, 1996 was a beneficial legislation but has not been implemented so far.
“In any case it is a beneficial legislation. For last so many years it has not been implemented. They have not received the benefits that may have got long back,” it observed.
Last year, the Bombay High Court had directed the Union Public Service Commission and the central government to implement the three percent quota for the disabled in the Indian Administrative Service per provisions under the Persons with Disability Act. The high court gave direction on a petition by National Confederation for Development of the Disabled.
The NGO had argued that section 33 of the act provides that three percent posts would be reserved for physically challenged in every government establishment.