Discrimination solely based on disability is Unsustainable : High Court of Delhi
Title: National Federation Of The Blind V Kendriya Vidyalaya Sangthan & Ors
W.P.(C) 9520/2018 & CM APPL. 37096/2018
Decided On: 16.10.2023
Coram: HON’BLE THE CHIEF JUSTICE & HON’BLE MR. JUSTICE SANJEEV NARULA
Introduction:
The present case is filed by the National Federation of the Blind against the Advertisement of Kendriya Vidyalaya Sangathan which did not follow the proper reservation guidelines according to the Rights of Persons with Disabilities Act, 2016.
Facts of the Case:
Advertisement number 14 published by the respondent Kendriya Vidyalaya Sangathan3 in August 2018 for recruitment has been challenged as certain subjects have vacancies for one category of disability only and certain subjects have no vacancy at all for any disability. It is contended that the minimum 4% reservation bar is also not met by Kendriya Vidyalaya in the advertisement.
further submitted that the respondent has not been maintaining a vacancy-based roster despite specific directions. Instead, the respondent has been maintaining a post-based roster. Also, the respondent didn’t take any steps to fill the vacancies by undertaking a special recruitment drive.
Respondent submitted that the decision to provide vacancies for certain disabilities at certain posts is a well-examined decision based on the acts the person will have to do at the particular post.
Court’s analysis and Judgement:
The Hon’ble High Court of Delhi held that The impugned advertisement distinguishes the persons with disabilities from others, and puts a restriction on their potential to participate in the recruitment process to their full ability. The distinction is purely on the basis of disability. advertisement has the effect of excluding persons with disabilities from the race of recruitment, in complete violation of the mandatory reservation provision. The advertisement was held unsustainable as it is violative of the Rights of Persons with Disabilities Act, 2016.
The Hon’ble High Court further directed the Kendriya Vidyalaya Sanghatan to create a vacancy-based roster within 3 months and adjust the vacancies according to the Rights of Persons with Disabilities Act, 2016.
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Written By: Sushant Kumar Sharma