Volume 4 Issue 2 - January 15, 2006

Another path-breaking judgement by the Delhi High Court

D.N.I.S. News Network – In a landmark judgement, the Delhi High Court has ruled that a disabled candidate who scores marks equal to the cut-off limit for general candidates would not be listed in the quota reserved for disabled but alongside general candidate.

A two-judge bench gave this order while citing a Supreme Court judgement that stated that a Scheduled Caste or Scheduled Tribe candidate who scored marks at par with the qualifying general candidate would be counted as a general candidate so as to allow the reserved seats being filled by other minority candidates.

The bench observed that though the ruling by the apex court is specific to S.C./S.T. candidates, yet the spirit behind the judgement is applicable to disabled people as well, as it is in tune with Article 46 of the Constitution that states that the State must protect the interest of weaker sections.

The Disability Act 1995 promises equal opportunities to disabled people and provides for three per cent reservations in Government services for them. But despite this the percentage of employment of disabled people is far short of the mandatory three per cent, and it was only recently that the top jobs in the Indian Civil Services were opened up after a pitched advocacy campaign by disability groups and a direct intervention by Prime Minister Manmohan Singh.

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