Computation of 3% reservation for persons with disability under Section 33 of the Act should be based on total vacancies in the cadre strength, not just identified posts.

Sanjiv Khanna, J.

1. On 18th February, 2014, an advertisement/recruitment notification was issued for conducting Delhi Judicial Service Examination, 2014 in respect of 80 vacancies [General-55, SC-08 (1 backlog) and ST-17 (15 backlog)]. A note to the said recruitment notification reads:-

“Note: Out of the aforesaid 80 vacancies, 02 vacancies (backlog) are reserved for Physically Handicapped (Blind/Low Vision) (mobility not to be restricted) candidates.”

2. On or about 18th March, 2014, the petitioner-Amrendra Kumar filed the present writ petition praying for two specific directions; (i) the respondents should grant age relaxation to persons with disability in terms of O.M. dated 29th December, 2005; (ii) respondents should provide 3% reservation to persons with disability against fresh vacancies for which selection process had been initiated, apart from the backlog vacancies.

3. By order dated 21st March, 2014, notice was issued to the respondents to file counter affidavit on the aforesaid two aspects and reference was made to the decision of the Supreme Court in Union of India and Anr. v. National Federation of the Blind and Ors. 2013 (10) SCC 772.

4. In the counter affidavit filed on behalf of the respondent No.1, Registrar General, High Court of Delhi, it is stated that Corrigendum to the notice dated 18th February, 2014 has been issued, clearly specifying that benefit of O.M. dated 29th December, 2005 issued by the Ministry of Personnel, Public Grievances & Pension, Department of Personnel & Training, Government of India would be applicable. In other words, general category disabled candidates would be entitled to age relaxation of up to 10 years and Schedule Caste and Scheduled Tribe category disabled candidates would be entitled to age relaxation of up to 15 years.

5. In view of the aforesaid steps taken by issue of corrigendum advertisement dated 28th March, 2014, the first grievance raised by the petitioner has been addressed. Learned counsel for the petitioner is satisfied and, thus, no further orders or directions are required on the first prayer.

6. The second aspect relates to 3% reservation for persons with disability in the Delhi Judicial Service Examination, 2014. In order to appreciate the controversy, the following facts may be noticed:-

(a) The total cadre strength of Delhi Judicial Service prior to 1st January, 2013 was 382 posts and post 1st January, 2013, the cadre strength stands enhanced to 482 posts. Presently, 250 Judicial Officers are working in the Delhi Judicial Service cadre and recommendation for appointment of 02 selectees is pending consideration with the Government. 8 Judicial Officers in Delhi Judicial Service, out of the above figure of 250 have been selected on the basis of reservation under Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Act, for short). Recommendation for appointment of one selectee under the 3% reservation quota is pending consideration with the Government.

(b) In the counter affidavit, respondent No.1 has referred to the judgment and order dated 23rd August, 2006 passed in W.P.(C) 9804/2006 titled Somdatt Sharma Vs. Registrar General, Delhi High Court that benefit of reservation under 3% quota should be granted to persons with orthopedic disability or Cerebral Palsy having one arm, one leg, both legs affected as well as to visually challenged and low vision candidates (mobility not to be restricted) in view of the corrigendum dated 25th July, 2006 issued by the Government of India, Ministry of Social Justice and Empowerment.

Consequent thereto, a five Judges” Committee of High Court vide decision dated 9th March, 2007 on the administrative side recommended implementation of the notification dated 31st May, 2001 read with corrigendum dated 25th July, 2006 in the Delhi Judicial Service Examinations to be held in future. The said decision has been implemented. Accordingly, 07 vacancies out