Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Reservation Persons with Disabilities |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT, 1995: s. 33 - Reservation of posts for persons with disabilities - Held: Section 33 Jays down that every appropriateGovernment has to appoint on a minimum of 3% vacanciesin an establishment, persons with disabilities, out of which 1%each shall be reserved for (i) persons suffering from blindnessand low vision, (ii) persons suffering from hearing impairmentand (iii) persons suffering from locomotor or cerebral palsy -- View of the High Court that computation of reservation mustbe on the basis of total cadre strength is clearly rroneous -s.33 establishes the intention of legislature viz. reservation of3% for persons with disability should have to be computed onthe basis of total vacancies in the strength of a cadre and notjust on the basis of the vacancies available in the identifiedposts.s. 33 - Reservation of posts for persons with disabilities -Held: The Section does not distinguish the manner ofcomputation of reservation between Group A and B posts orGroup C and D posts respectively -- Computation of Greservation for persons with disabilities has to be done in caseof Group A, B, C and D, posts in an identical manner viz.,"computing 3% reservation on total number of vacancies inthe cadre strength" -- Accordingly, certain clauses in OM dated 29. 12. 2005, which are contrary to scheme ofreservation, are struck down and appropriate Government isdirected to issue new Office Memorandum(s) consistent withthe decision rendered by the Court - In order to ensure properimplementation of reservation policy for disabled and toB protect their rights, further directions given - Government ofIndia, Department of Personnel and training 0. M. dated29. 12. 2005.INTERPRETATION OF STATUTES:CConstruing of a provision - Held: While interpreting anyprovision of a statute the plain meaning has to be given effectand if language is simple and unambiguous, there is no needto traverse beyond the same.Headings and marginal notes - Held: Heading of aD Section or marginal note may be relied upon to clear anydoubt or ambiguity in the interpretation of the provision andto discern the legislative intent - When the Section is clearand unambiguous, there is no need to traverse beyond thosewords -- Therefore, the headings or marginal notes cannotE control the meaning of the body of the section.SOCIAL JUSTICE:Reservation in employment for persons with disabilities- Held: Employment is a key factor in the empowerment andinclusion of people with disabilities -- It is an alarming realitythat the disabled people are out of job not because theirdisability comes in the way of their functioning rather it is socialand practical barriers that prevent them from joining theworkforce - Therefore, bringing them in the society based onG their capabilities is the need of the hour - State has acategorical obligation under the Constitution of India andunder various International treaties relating to human rightsin general and treaties for disabled persons in particular, toprotect the rights of disabled persons - Directions issued to ensure proper implementation of reservation policy for persons with disability and to protect their rights. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 688 |
Petitioner | Union Of India & Anr. |
Respondent | National Federation Of The Blind & Ors. |
SCR | [2013] 9 S.C.R. 1023 |
Judgement Date | 2013-10-08 |
Case Number | 9096 |
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