Facts: National Federation of the Blind , an apex body working for the protection of the rights of the visually challenged, has filed this petition in public interest to highlight the discrimination of the blind and low vision persons by virtually excluding them from the process of recruitment to government posts in violation of the scheme of reservation contained in Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The grievance of the petitioner is that the respondents have failed to provide reservation to the blind and low vision candidates in accordance with Section 33 of the Disabilities Act in all its recruitments right from 1996 till date.
Held: The court issued the following directions in order to ensure proper implementation of reservation policy for the disabled and to protect their rights:
i.We direct the respondents to constitute a committee consisting of the Chief Commissioner for disabilities (Chairman), Joint Secretary, Department of Personnel & Training, Joint Secretary, Ministry of Social Justice and Empowerment, Joint Secretary, Department of Public enterprises, and Secretary, Staff Selection Commission to do the following acts in terms of this order:
(a) To solicit information with regard to recruitments made by departments/public sector undertakings/government companies from the date when the Disabilities Act came into force in 1996 and to work out backlog of vacancies for the disabled on the total cadre strength in different establishments within one month from the date of this order.
(b) To undertake special recruitment drive by organising centralised recruitment against backlog so worked out so as to fill up the vacancies by utilising at least 50% of the vacancies available with the respective establishments for this purpose only.
(c ) To organise further special recruitment drive as required so as to fill up the remaining backlog of vacancies by 31st December, 2010.
ii. The respondent is further directed to issue instructions to all the departments/public sector undertakings/government companies as well as recruiting agencies not to undertake recruitment for any department/public sector undertakings/government company unless the departmental/public sector undertaking/ government company makes provisions for reservation for persons with disabilities in terms of the order of this Court and a clearance is granted by the Committee headed by the Chief Commissioner for Disabilities.