The reservation policy has not been implemented since the last 19 years

New Delhi : The Supreme Court on Friday held that three per cent reservation for differently-abled persons be provided in all categories of government jobs, including appointments and promotions to the IAS, while pulling up the Centre for ‘frustrating’ the very purpose of empowering legislation by opposing it.

A bench headed by Chief Justice R M Lodha said the disabled persons have not got their due in the last 19 years after the framing of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, which was passed in 1995.

Additional Solicitor General Pinky Anand, appearing for the Centre, contended that reservation cannot be given in case of promotion to Group A and Group B officers category, as it is not a case of appointment.

The bench, however, observed that appointment is a broader concept and the Centre is giving a narrow interpretation of it. “You are frustrating the very reservation policy and cause of class for which Parliament passed the law,” the bench said.

“For the last 19 years, it is not being implemented and the class, for which the legislation was made, had not got benefited as it should have,” the bench said.

The court dismissed the petition of Centre challenging the order of the Bombay High Court, which had directed the Centre and the Union Public Service Commission to implement a three per cent quota in direct recruitments and promotions for the disabled in the IAS.

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