Current Style: Standard

Current Size: 100%

National Federation of the Blind v. Union of India 156 (2009) DLT 446 Writ Petition (C) No.15828/2006

Fri, 05/09/2014 - 11:32 -- shalini.singh
Date of judgement: 
Friday, December 19, 2008
Case Number: 
156 (2009) DLT 446
Judge's Name: 
Ajit Prakash Shah, C.J., and S. Muralidhar, J.
Eyeway Synopsis: 
A public interest litigation was filled to highlight an incidence of discrimination on the part of a government department in the recruitment process against persons with disabilities (blind and low vision people). The court directed the Union of India to constitute a commitee consisting of Cheif Commisioner for persons with disabilties, 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 and solicit information with regard to recruitments done by PSU from the date of enactment of PWD Act 1995, and prepare a backlog of vacancies in every establishment for persons with disabilities. It also orderd the commitee to ensure at least 50% vacancies in shortlisted companies be filled by persons with disability. Further it was directed by the court to PSU and governmetn department that no recruitment can be done unless provisons  are made for persons with disabilties. 

Judgment Body : 

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.

Party Appallent: 
National Federation of the Blind
Party Respondant: 
Union of India
Type of Disability: 
Visual Impairment
Court Name: 
Delhi High Court

Facebook comments