Subramani The case pertains to calculation of 3% reservation PWD act. S33 mandates filling up of vacancies not less than 3% by PWD trifurcating the said 3%. Now, the question arises, 3% of what? One view is that 3% of total vacancies, which means vacancies occurring at a given time in all posts identified or not for PWD. This view finds support in OM of MSJE dated 29/12/2005, but only for filling vacancies in class iii and iv posts. For class I and II posts, The said OM provides for calculation of 3% of vacancies occurring only in identified posts for PWD which would be quite less than vacancies if the first approach is followed. However, NFB and some other thinking individuals including myself opposed this second calculation as unjust and pressed for 3% meaning 3% of the total cadre strength. It is this just (According to me), approach considering 3% as 3% of total cadre strength which Delhi HC accepted in the case and gave instructions accordingly. And it is precisely this calculation which is not apparently palatable to SC, at least for now. However, I don't know whether it even corrected interpretation of 3% as 3% of only identified vacancies also. At least that should be done. My view is that 3% is ultimately 3% of total cadre strength, and practical way to realize it is to fill up at least 3% of total vacancies occurring by recruiting PWD. It is immaterial whether vacancies are in identified posts or not. Recruitment, as per present laws, may be made in posts identified for them.
Amendments proposed by MSJE do adopt this approach and require 3% to be calculated as 3% of total vacancies occurring at entry points in various cadre. However, giving statutory backing to reservation in promotion is another matter, and judgment of SC about promotion is unfortunate to say the least. However, for the present case, SC means that it is not opposed to reservation of 3% as being calculated at present and has stayed Delhi court's calculation. I hope I have been able to make the things a bit clearer. Regards Rajesh Asudani Assistant General Manager, Reserve Bank of India Nagpur 09420397185 O: 0712 2806676 Res: 0712 2591349 Doth God exact day-labour, light denied?" John Milton -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of Subramani L Sent: Tuesday, November 17, 2009 2:01 PM To: [email protected] Subject: Re: [AI] confirmation required supreme court judgment denying I don't understand this. When HC is saying reservations must be made according to the disability act, why should the Supreme Court stay it and then say that it doesn't prevent reservations under the disability act? Pl clarify. Subramani -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of Asudani, Rajesh Sent: Tuesday, November 17, 2009 12:10 PM To: [email protected] Subject: Re: [AI] confirmation required supreme court judgment denying This news extract is about another case and does not concern itself with promotions or reservation therein. Besides, it is ridiculously incorrect in some aspects. Please do not spread misconceptions of law, unless it is fully comprehended. The case in news item is concerned with calculation of three percent and not with promotion. The question I think was about another judgment of supreme court which said promotion to disabled may be denied on the ground of efficiency, safety and security of co-workers and equipments. It is an unfortunate judgment, to say the least.... Regards Rajesh Asudani Assistant General Manager, Reserve Bank of India Nagpur 09420397185 O: 0712 2806676 Res: 0712 2591349 Doth God exact day-labour, light denied?" John Milton -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of Rajender Negi Sent: Tuesday, November 17, 2009 11:40 AM To: [email protected] Subject: Re: [AI] confirmation required supreme court judgement denying Hello krishnan m. moothimoola. However SC did so but it is not a final decision please read the following text: SC Stays HC Order on Job Reservation for Disabled New Delhi | Nov 06, 2009 PRINT SHARE COMMENTS The Supreme Court stayed the Delhi High Court order directing the Centre to provide three per cent job reservation for persons with disabilities mandated under a special legislation which includes one per cent for visually-impaired candidates. "We are staying the directions of the High Court. The directions are prima facie incorrect," a Bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and Deepak Verma said. However, the Bench clarified it was not staying the Disabilities Act under which three per cent jobs should be reserved for disabled persons, including one per cent for visually-impaired candidates. It also said the interim directions passed by it earlier would prevail. The apex court had directed the Centre to file a detailed status report regarding the extent to which the posts had been identified and filled up and also what steps had been taken to fill up the vacancies that had arisen since the Act has gone into force in 1996. The Bench refused the plea of National Federation of the Blind that the High Court order be allowed to operate. Advocate Pratiti Rungta, himself visually impaired, argued the case for the Federation and opposed the appeal of the Centre but the Bench declined his plea saying "it is not possible to continue with the High Court order". Rungta's plea that no recruitment has been made under the Act did not convince the Bench to keep in operation the the High Court order. Additional Solicitor General Indira Jaising submitted that the directions of the High Court are not workable. She said it is not workable to fill up three per cent of the total cadre strength when there are around 60 departments under the government. The Centre's plea for a stay on the High Court order has also been opposed by another body All India Confederation of the Blind. The High Court had directed the Centre to fully comply with the Disabilities Act and reserve three per cent seats for disabled persons according to its 1996 notification. Regards Rajender E-mail: [email protected] The INTERNET now has a personality. YOURS! 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