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The Delhi High Court on Monday issued notice on a public curiosity litigation (PIL) difficult the preliminary examination notice of the Union Public Service Commission (UPSC) claiming it doesn’t provide adequate reservation to persons with disabilities class candidates.
A division bench of Chief Justice DN Patel and Justice Prateek Jalan sought response from all of the respondents and slated the matter for additional listening to on August 31.
The petition, filed by a registered society for disabled – Sambhavana, mentioned that the notice for direct recruitment to 24 civil providers neglects the necessary minimal reservation for the disabled underneath part 34 of the Rights of Persons with Disabilities Act, 2016.
“UPSC notice is for direct recruitment of the disabled to only 24 expected approximate vacancies reserved for them under the Rights of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act2016, (RPWD Act hereinafter) out of the 796 approximate expected vacancies mentioned therein,” the plea mentioned.
It mentioned that the unequal distribution of vacancies among the many 5 courses of disabilities is in full violation of Section 34(1) of the RPWD Act.
“Section 34(1) mandates a minimum four percent reservation for the benchmark disabled of the total number of vacancies in the cadre strength in each group of posts meant to be filled with such disabled and an equal distribution of one (20 percent each among the disabled classes of the blind, deaf, locomotor plus the combined class of autism, etc with those having multiple disabilities,” the plea mentioned.
“The violation of the aforesaid Section has resulted in arbitrary and hostile discrimination against the disabled, despite the judgments of the Supreme Court and this Hon’ble Court on these issues and the administrative procedures laid down for implementing the judgments to ensure specific officer accountability, under Office Memorandums/executive orders, issued by the nodal authority, the Department of Personnel and Training (DoP&T) of the Union Ministry of Personnel, Public Grievances and Pensions,” it added.
The plea mentioned that the examination notice annihilates or wipes out the part 34 of the RPWD Act, 2016 for the disabled candidates.
It mentioned that the disabled candidates would not have the bodily or the financial wherewithal to stand up to this annihilation of their statutory and constitutional rights to an equal alternative to a authorities job, regardless of two Union Ministries and a constitutional authority tasked to take care that this doesn’t occur.
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