Centre’s 2013 office memorandum not in compliance with Supreme Court guidelines

Delhi High Court: Where an NGO working for the protection of the rights of blind people, had prayed for modification of the Centre’s 2013 office memorandum (OM) to provide for computing the posts reserved for disabled persons in Group’s A, B, C and D of government departments, the Court has asked the Centre to modify the said OM as per the directions of the Supreme Court in judgment dt.08-10-2013. Counsel for the appellant S. K. Rungta contended that OM dt. 03-12-2013 had completely ignored the manner of computation and maintenance of vacancy based roster and the same not being in compliance with the directions of the Supreme Court, a fresh OM should be issued. Moreover, the Committee constituted as per order dt.19.12.2008 has to be revived for directing the establishments and Public Sector Undertakings to provide information with regard to the backlog vacancies upto 2013 and fill them by conducting special recruitment process.

Earlier petitioner had filed a PIL, citing illegality in the 2013 OM wherein reservation was not given to blind and low vision candidates under Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 in all recruitments in government departments from 1996 till date. The Court via order dt.19-12-2008 W.P.(C) No.15828/2006 directed computation of reservation on the basis of total cadre strength and formation of a Committee to get information on vacancy backlog in various departments and to carry special recruitment drives after making reservation provisions for disabled persons and obtaining Committee’s clearance on the same. However, the Supreme Court in CA No. 9096/2013, altered the above manner of computation, holding that reservation should be computed on the basis of total number of vacancies in the cadre strength. Noting the above guidelines in judgment dt. 08-10-2013 the Court held that though the manner of computation of reservation was altered, the direction with regard to modification of OM remained intact and the respondents are bound to implement those guidelines. However, the relief sought by the petitioner for revival of the Committee and the other directions cannot be granted.National Federation of Blind v. Union of India, CM. No. 230/2014, decided on 17-07-14

To read the full judgment, refer to SCC OnLine

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