The main legal principle established in the judgment is the need for strict implementation of reservation for Persons with Disabilities as per the statutory provisions, particularly focusing on filling up the backlog of vacancies for Persons with Disabilities.

JUDGMENT :

Satish Chandra Sharma, J.

1. The present writ petition under Article 226 of the Constitution of India has been filed by the National Federation of the Blind (NFB) as a Public Interest Litigation (PIL) alleging inaction on the part of the Respondents in filling up the vacancies which are reserved for Blind and Low Vision candidates, and is also against the inaction on the part of the Respondents in not providing reservation to Disabled Persons (Blind and Low Vision) keeping in view Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Act of 1995) read with Right of Persons with Disabilities Rules 2017.

2. The main objective of the Petitioner organization is to ensure that suitable policy and legislative provisions are made for protection of rights of blind and they are given proper representation as per the statutory provisions in vogue. The Petitioner organization is doing a commendable job for protecting the rights of Specially Abled Persons. It has established training centres, institution of higher education, hostels and has imparted training to Specially Abled Persons, and the present PIL is one such PIL which is genuinely filed in public interest. In the past, the Petitioner organization has also filed large number of PILs for protection of rights of Specially Abled Persons and details have also been provided to this Court.

3. The Petitioner organization has stated that the Ministry of Social Welfare, Government of India has issued an Office Memorandum dated 04.11.1977 providing reservation to Persons with Disabilities in Group-C and Group-D posts to the extent of 1 per cent each (for the (i) Blind; (ii) Hearing and Speech Impairment; and (iii) Persons suffering from locomotor disability). It has been further stated that the Department of Personnel & Training (DoP&T) vide Office Memorandum dated 01.04.1986 has directed all the departments to take into account both identified and unidentified posts for the purposes of reservation in respect of Disabled Persons.

4. It has been further contended that despite the scheme of reservation, the benefit of reservation was not being extended in spite of orders being issued by the Government of India, by various Government establishments as well as Public Sector Undertakings (PSUs). Consequently, a nation-wide agitation took place, and finally, an agreement was arrived at to ensure that the backlog reserved vacancies are filled up by conducting a special recruitment drive. Ultimately, a special recruitment drive was undertaken by the Staff Selection Commission (SSC).

5. It has been further stated that in spite of statutory provisions as contained in the Act of 1995 and various Office Memoranda, as large number of vacancies remain unfilled or efforts were not being made by the organizations to fill up the vacancies, a writ petition was preferred (PIL, i.e. W.P.(C.) No.15828/2006), and the same was disposed of on 19.12.2008. This Court has passed the following order on 19.12.2008:

“i. We direct the respondents to constitute a committee consisting of the Chief Commissioner for disabilities (Chairman), Joint Secretary, Department of Personnel & Training, Joint Secretary, Ministry of Social Justice and Empowerment, Joint Secretary, Department of Public enterprises, and Secretary, Staff Selection Commission to do the following acts in terms of this order:

(a) To solicit information with regard to recruitments made by departments/public sector undertakings/ government companies from the date when the Disabilities Act came into force in 1996 and to work out backlog of vacancies for the disabled on the total cadre strength in different establishments within one month from the date of this order.

(b) To undertake special recruitment drive by organising centralised recruitment against backlog so worked out so as to fill up the vacancies by utilising at least 50% of the vacancies available with the respective establishments f