Why no affidavit filed on quota for PwBD in 4 services, Delhi HC asks DoPT

Delhi High Court. File  

The Delhi High Court on Wednesday expressed displeasure with the Department of Personnel and Training (DoPT) for failing to furnish an affidavit explaining why four participating services in the Civil Services Examination (CSE), 2020, do not have reservation for Persons With Benchmark Disability (PwBD).

“Have you got any exemption or you presumed so,” a bench of Chief Justice D.N. Patel and Justice Jyoti Singh asked counsel for DoPT.

The court was hearing two separate petitions by NGO Sambhavana and Evara Foundation claiming that seats for visually-impaired and people with multiple disabilities have not been reserved in accordance with the Rights of Persons with Disabilities (RPWD) Act.

The bench, which was informed that the interview process for the civil services had started on August 2, remarked that “functional classification is a must” for taking the interview. It remarked the “result can be kept in a sealed cover” till the final outcome of the case.

Earlier, the Cadre Controlling Authorities of the Indian Police Service (IPS), the Railway Protection Force (RPF), DANIPS (Delhi, Andaman and Nicobar Islands Police Service) and PONDIPS (Puducherry Police Service), with a total of 251 vacancies, had intimated the DoPT that they have not reserved seats for PwBD.

‘Services don’t enjoy exemption’

However, the petitioners contested the point on the ground that none of the four services “enjoy exemption” under the Rights of Persons with Disabilities Act. They argued that the services were obliged to reserve vacancies in favour of PwBD as mandated by the Act.

Taking note of this, the court, on August 2, directed the DoPT to “file an affidavit furnishing the requisite information with respect to the non-reservation of the vacancies in IPS, RPF, DANIPS and PONDIPS”.

In their pleas, the petitioners contended that of the 796 tentative vacancies notified by the UPSC, the reservation of 4 per cent for the physically disabled candidates should be 32.

The Central government, however, submitted that the final vacancies notified for the CSE 2020 was 836, out of which there cannot be reservation against 251 vacancies in the four services. It argued that against the remaining 585 vacancies, 24 have been reserved for persons with benchmark disabilities.

“Twenty-four vacancies reserved for PwBD candidates fall under the provision of ‘not less than 4% of the total number of vacancies’,” the government had said.

The court will hear the case again next week.

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Printable version | Sep 26, 2021 1:11:46 AM |

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