Quota for disabled; HC asks Centre to modify OM on vacancies

The Delhi High Court has asked the Centre to modify its 2013 office memorandum after considering the representation of NGO National Federation of Blind on computation of seats to be reserved for disabled persons in four category posts in government departments.

PTI| Updated: Jul 18, 2014, 20:38 PM IST

New Delhi: The Delhi High Court has asked the Centre to modify its 2013 office memorandum after considering the representation of NGO National Federation of Blind on computation of seats to be reserved for disabled persons in four category posts in government departments.

"We are of the view that the modification made to Para 14 of Office Memorandum dated December 29, 2005 alone vide fresh OM dated March 03, 2013 is not in compliance with the directions of the Supreme Court. Therefore, there shall be a direction to the respondents (Centre) to make further modifications to OM dated December 29, 2005," a bench of Chief Justice G Rohini and Justice RS Endlaw said.

The court asked the NGO to make the representation to the Centre within four weeks and the authorities will have to "consider the same and issue a fresh OM within six weeks thereafter" on the methodology of computation of vacancies in all Group A, B, C and D in government sector.

The apex court had said that the computation of vacancies "shall be in case of Group A, B, C & D posts in an identical manner and that the same shall be on total number of vacancies in the cadre strength".

The high court said the 2013 office memorandum on computation of vacancies in government departments to provide three per cent quota to disabled persons was not in compliance of the apex court direction.

The court`s verdict came on a fresh plea of National Federation of Blind seeking reliefs including modification of office memorandum to provide for computation of posts to be reserved for disabled persons.

The NGO had also sought issuance of fresh OM to "all the establishments and PSUs" asking them to launch of special recruitment drive to fill the backlog vacancies.

Earlier, the High Court had passed a slew of directions to the Centre for providing quota for disabled persons.

It had asked the Centre to form a committee officials, including the Chief Commissioner for Disabilities (Chairman), and others to do various acts to work out backlog of vacancies for disabled persons.
It had also asked the Centre to undertake special recruitment drive to fill the backlog of vacancies by 2010.

Later, the Centre filed an appeal in the apex court against the high court order.
The Supreme Court issued various directions that included the order to amend 2005 OM on computation vacancies in all categories of posts.

"We hereby direct the `appropriate government` to compute the number of vacancies available in all the `establishments` and further identify the posts for disabled persons within a period of three months from today and implement the same without default," the apex court had said.

The NGO moved the high court alleging the orders of the high court and the apex court have not been complied with by the government.