is any hope that the central will implement? regards, sazid
On 1/8/16, avinash shahi <[email protected]> wrote: > The Apex Court has again reprimanded the Central Government. These > bureaucrats are too stubborn to implement the 1995 Act's provision. > http://indianexpress.com/article/india/india-news-india/reservation-for-differently-abled-sc-shoots-down-centres-appeal-against-quota/ > > More than a year after it asked the Centre to “show a big heart”, the > Supreme Court has shot down yet another attempt by the Centre to deny > the differently-abled three per cent reservation in promotional posts. > > On Tuesday, a bench led by Chief Justice T S Thakur dismissed an > appeal filed by the government against a 2012 judgment by Punjab and > Haryana High Court and questioned the rationale behind challenging a > order belatedly. > > In August 2012, the high court had directed the Centre to provide > three per cent reservation to physically challenged people in > appointment to public posts by way of direct recruitment as also in > promotional posts under the provisions of Persons with Disabilities > (Equal Opportunities, Protection of Rights and Full Participation) > Act. But the special leave petition in the apex court was moved by the > central government only towards the end of 2015. > > The bench remained unconvinced by the government’s argument as to why > the judgment required an interference. > > Even as the government’s counsel tried to justify the delay in filing > the appeal, the top court retorted that there seemed to be no good > reason to sit over a judgment for more than three years. It declined > to admit the appeal for hearing or going into the merits of the case > and said in its order: “The special leave petition is dismissed on the > ground of delay.” > > The high court order was issued on a PIL filed by NGO Youth Welfare > Association for Visually Handicapped & Disabled. > > It was a fresh endeavour by the NDA government to revive the issue > pertaining to reservation for the differently-abled in promotional > posts. In September 2014, the SC had ruled in favour of the > reservation in civil services, not only at the appointment stage but > also for promotions. > > Giving a level-playing field to more than four crore people with > disabilities in India, the court had held that the Centre, states and > Union Territories were obligated to implement the rules of reservation > for this class. > > While asking the Centre to “show a big heart and give the > differently-abled people their due in all central and state government > jobs”, the court had expressed its displeasure at the government > seeking to adopt a hyper-technical approach that reservation could be > given only at the stage of appointment but not for promotion. > > “Once Parliament prescribes for reservation in appointments, it will > cover direct recruitment, promotion and even deputation. Our > experience tells us that it is one legislation that has never been > effectively implemented… it is a beneficial legislation and you should > interpret in a manner so that they get the benefits,” the court had > then observed, as it dismissed the Centre’s appeal against a Bombay > High Court ruling. > > The court, however, had not recorded detailed reasons and the Centre > appears now to keep coming back to court due to this shortcoming. > > -- > Avinash Shahi > Doctoral student at Centre for Law and Governance JNU > > Celebrating Louis Braill birthday, Jan. 4th. > > Register at the dedicated AccessIndia list for discussing accessibility of > mobile phones / Tabs on: > http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in > > > Search for old postings at: > http://www.mail-archive.com/[email protected]/ > > To unsubscribe send a message to > [email protected] > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > Disclaimer: > 1. Contents of the mails, factual, or otherwise, reflect the thinking of the > person sending the mail and AI in no way relates itself to its veracity; > > 2. AI cannot be held liable for any commission/omission based on the mails > sent through this mailing list.. > Celebrating Louis Braill birthday, Jan. 4th. Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
