Case No.: W.P. (C) 1904/2018
Case: Dileep Kumar Shukla vs. Union of India & Ors.
Coram: Justice S. Muralidhar, Justice Talwant Singh
Dicey’s principle of ‘equality before the law’ which forms an important aspect of the basic structure of the Constitution upholds its primacy whenever questioned. “Equality before the law” means that among equals the law should be equal and should be equally administered, that like should be treated alike.
Delhi High Court has upheld this principle and thereby expanded the employment opportunity for blind persons by directing the Central government to identify the seats reserved for physically handicapped that can be duly be filled up by persons in Blind/Low Vision (B/LV) category.
Brief Facts:
In Dileep Kumar Shukla v/s Union of India, petition was filed against the department of revenue to apportion the vacant seats reserved for physically handicapped to blind persons in respect of Article 33 of the social legislation and enacted for the benefit of persons with disabilities i.e. Persons with Disability Act, 1955 (Equal opportunities, protection of rights and full participation).
Key Features:
- One of the aims of this Act is to spell out the responsibility of the state towards the protection of rights and employment opportunity of the disabled class of the society. Article 32 of the Act says that the appropriate government has to identify posts in government establishments which can be reserved for disabled persons.
- Further in Section 34 of the Rights of Persons with Disabilities Act, 2016 it says that at least 3% of vacancies in every government establishment are to be reserved for persons with disability out of which 1% each shall be reserved for persons suffering from blindness and low vision.
- This section also has an exception according to which the central government may exempt any establishment from the above requirements if the nature of work in such establishment is such that the disabled person can’t work in that establishment.
- In this particular case, the physical requirement for the reservation specified for the post identified of IRS (IT) was the blind and low vision criteria without any exemption clause as specified in Article 33 in it and still the petitioner was denied for the post.
Judgment:
Delhi High Court in that view of the matter, while setting aside the impugned order of the Central Administration Tribunal and referring to the case of Ravi Prakash Gupta, the Court directed Department of Revenue to-
- ascertain which posts in the IRS (IT) and IRS (C & CE) earmarked for the Physically handicapped category can be allocated for those who are blind or have a low vision within eight weeks of receiving the order copy.
- In further next week, Department of Revenue has to examine the whether the Petitioner can be posted in either the IRS (IT) or the IRS (C & CE) in any such earmarked Physically handicapped vacancies.
Edited by Vartika Gajendra Singh
Approved & Published – Sakshi Raje
