UNION OF INDIA Vs. PANKAJ KUMAR SRIVASTAVA

JUDGEMENT

(1.) AT a meeting convened in Beijing in December 19, 1992 by the Economic and Social Commission for Asian and Pacific Region to launch the Asian and Pacific Decade of Disabled Persons a proclamation was adopted on the Full Participation and Equality of People with Disabilities. Being a signatory to the said proclamation, discharging its obligation to enact a suitable legislation the Parliament of India accorded approval to the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Bill, 1995 and with the presidential assent being accorded on January 01, 1996, with effect from February 07, 1996 the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 came into force. The various provisions of the Act spell out the responsibility of the State towards the prevention of disabilities, protection of rights, provision of medical care, education, training, employment and rehabilitation of persons with disabilities; and we are concerned with the subject of employment of the differently abled persons.

(2.) THE present writ petition has been filed by the Union of India through the Secretary, Department of Personnel and Training (DOPT), Ministry of Personnel Public Grievances and Pension, assailing the order dated May 30, 2012 passed by the Central Administrative Tribunal, Principal Bench disposing of OA No.3943/2011 and three other connected Original Applications. The relief claimed in the said Original Application and the connected Original Applications primarily pertained to issuance of directions to appoint the applicants thereof to the Indian Administrative Service or any other Civil Service based on their rank in the merit list prepared against reserved vacancies, for the persons suffering from blindness or low vision in respect of CSE 2008, by taking into account both the vacancies filled by CSE 2008 as well as backlog vacancies in terms of OM No.36035/3/2004 Estt. (Res.) dated December 29, 2005 and OM No.36035/8/2003 Estt. (Res.) dated April 26, 2006, keeping in view the decision rendered by the Supreme Court in SLP (Civil) No.14889/2009 as well as directions issued in OA No.2402/2009 pertaining to implementation of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 with all consequential benefits. The said Original Applications came to be decided by the order impugned, noting the main contentions of the applicants, as under:

(3.) BEFORE adverting to the grounds raised in the writ petition, we would like to note the evolution of principle of selection on general merit which was, for the first time considered by the Supreme Court in the decision reported as (1992) Supp. 3 SC 217 Indra Sawhney Vs. Union of India, wherein it was held in para 811 as under: