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SC: 50pc ceiling does not apply to reservation for disabled

Published: 09 Oct 2013 - 04:45 am | Last Updated: 29 Jan 2022 - 03:59 pm

 

New Delhi: The Supreme Court yesterday ruled that the “reservation for persons with disabilities has nothing to do with the ceiling of 50 percent” and hence the ceiling imposed by the apex court in an earlier judgment was not applicable with respect to the disabled.

The court rapped the governments in the country for not ensuring that the disabled people got the benefits that the 1995 legislation extended to them in terms of equal opportunities and protection of rights.

It gave the ruling while disposing of a petition by the central government challenging directions issued by the Delhi High Court in pursuance of a 1995 act providing for three percent reservation for people with physical disabilities.

“Employment is a key factor in the empowerment and inclusion of people with disabilities,” Supreme Court Chief Justice P Sathasivam heading a bench observed, and directed that the three percent job reservation for the disabled given under the 1995 act be strictly adhered to.

The bench that also included Justice Ranjana Prakash Desai and Justice Ranjan Gogoi clarified that the “reservation for persons with disabilities has nothing to do with the ceiling of 50 percent” and hence the ceiling imposed by the apex court by its earlier judgment was not applicable with respect to the disabled.

“Even though the act (the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995) was enacted way back in 1995, the disabled people have failed to get required benefit until today,” said the bench.

IANS