Ravi Prakash Gupta could soon become one of the first visually-challenged persons to join the Indian Administrative Service (IAS).
Ravi Prakash Gupta could soon become one of the first visually-challenged persons to join the Indian Administrative Service (IAS).
On Wednesday, the Supreme Court (SC) directed the ministry of personnel to get within two months a suitable post for Gupta, who had cleared the exam four years ago under the visually-challenged quota. Despite this, the union government didn’t place him a job, saying there was no vacancy.
The court asked the Centre to pay Rs20,000 for resisting Gupta’s claim to an IAS posting. It said that the government’s submission regarding the implementation of the provisions of Section 33 of the Disabilities Act, 1995, which guarantees a job to visually-challenged person only after finding a suitable post, runs counter to the legislative intent with which the Act was enacted.
“To accept such a submission would amount to accepting a situation where the provisions of Section 33 could be kept deferred indefinitely by bureaucratic inaction,” a bench of justices Altamas Kabir and Cyriac Joseph said.
Gupta had argued his case before the Delhi high court and the apex court. The high court had earlier directed the government to honour the special law and allocate suitable posting for Gupta. But, instead of doing that, the government moved the apex court.
The court also said that the government is also obliged to fill up seven posts reserved for persons with disabilities which have been lying vacant since 1996.
Explaining the provisions of the Disabilities Act, the judges said while it is true that unless posts are identified no appointments from reserved categories can be made, however such dependence would be for the purpose of making appointments and not for the purpose of making reservation.
Reservation under Section 33 is not dependent on identification, as claimed by the government. The government is duty-bound to make appointments in the number of posts reserved for the disabled persons as mentioned under law.
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