The Supreme Court of India has issued a scathing rebuke to the Central government for its blatant disregard of the Persons with Disabilities Act, 1995, and its failure to address the backlog of vacancies for individuals with disabilities.
Landmark Ruling for Visually Impaired Candidate
In a landmark ruling, the Court mandated the appointment of a 100% visually impaired candidate who successfully cleared the Civil Services Examination in 2009 within three months. This decision highlights the Court’s commitment to upholding the rights of individuals with disabilities and ensuring their inclusion in public services.
Judicial Condemnation of Government Inaction
A Bench comprising Justices Abhay S. Oka and Pankaj Mithal expressed profound disappointment at the government’s inaction, stating, “There is a ‘gross default’ on the part of the Union of India in promptly implementing the provisions of the PWD Act, 1995.” The Court emphasized that the government’s stance has actively undermined the very purpose of enacting laws designed to protect and empower individuals with disabilities.
Case Study: Pankaj Kumar Srivastava’s Struggle for Justice
The case revolves around Pankaj Kumar Srivastava, a 100% visually impaired individual who appeared for the Civil Services Examination in 2008. Despite clearing the examination, Srivastava was denied an appointment, forcing him to engage in a protracted legal battle spanning multiple tribunals and courts.
Supreme Court’s Decisive Intervention
The Supreme Court ultimately intervened, directing the consideration of Srivastava’s case alongside 10 other visually impaired candidates for appointment against backlog vacancies. The Court’s directive mandates that these appointments be made within three months, albeit without the entitlement to arrears of salary or seniority benefits.
A Victory for Disability Rights
This verdict represents a significant triumph for disability rights in India. It underscores the judiciary’s unwavering commitment to safeguarding the rights of individuals with disabilities and ensuring their equal participation in all spheres of life.
Soumya Smruti Sahoo is a seasoned journalist with extensive experience in both international and Indian news writing. With a sharp analytical mind and a dedication to uncovering the truth, Soumya has built a reputation for delivering in-depth, well-researched articles that provide readers with a clear understanding of complex global and domestic issues. Her work reflects a deep commitment to journalistic integrity, making her a trusted source for accurate and insightful news coverage.
