Court: Supreme Court of India
Bench: Hon'ble Justice Abhay S. Oka and Hon'ble Justice Pankaj Mithal
Case: Civil Appeal No. 3303 OF 2015
Case Title: Union of India (Appellant) Vs. Pankaj Kumar Srivastava & Anr. (Respondent(s))
Date of Order: 08 July 2024
Introduction:
In a landmark ruling aimed at ensuring justice and inclusivity, the Supreme Court has directed the government to appoint 11 visually impaired candidates from the Civil Services Examination (CSE) 2008 batch against backlog vacancies within three months. This decision comes as a significant victory for the respondents who have been fighting for their rightful place in the civil services for over a decade.
Background of the Case
The primary respondent in this case, referred to as Respondent No.1, is 100% visually impaired. He appeared in the Civil Services Examination in 2008 and opted for the following services in order of preference: Indian Administrative Services (IAS), Indian Revenue Services-Income Tax (IRS (IT)), Indian Railway Personnel Service (IRPS), and Indian Revenue Service-Customs and Excise (IRS (C&E)). Despite clearing the written test and interview, he was denied an appointment. This led to the filing of Original Application No. 2402 of 2009 before the Central Administrative Tribunal (CAT) in New Delhi, arguing that backlog vacancies for persons with disabilities, as mandated by the Persons with Disabilities (PWD) Act of 1995, were not filled.
Tribunal's Directive
On October 8, 2010, the CAT directed the Union Public Service Commission (UPSC) and the Department of Personnel and Training (DoPT) to calculate the backlog vacancies within six months and to inform Respondent No.1 about his service allocation. However, on September 9, 2011, UPSC informed him that his name did not feature in the merit list for his disability category (visually impaired). This prompted Respondent No.1 to file another Original Application No. 3493 of 2011 before the CAT.
Further Tribunal Orders and Appeals
On May 30, 2012, the CAT ordered that candidates selected on their own merits should be adjusted in the unreserved/general category as per the Office Memorandum dated December 29, 2005. The Tribunal also directed that candidates belonging to the PH-2 (Visually Impaired) category be selected against the reserved category and be given appointments. However, on August 30, 2012, the UPSC once again denied Respondent No.1 an appointment, stating he was not qualified for the PH-2 quota. In response, Respondent No.1 filed a review application, highlighting that many vacancies for visually impaired candidates remained unfilled.
The Union of India challenged the Tribunal’s judgment dated May 30, 2012, by filing a writ petition before the Delhi High Court. The High Court dismissed the petition on October 11, 2013, leading to the Union of India filing an appeal before the Supreme Court.
Supreme Court's Observations and Directions
The Supreme Court noted the existence of several backlog vacancies for the visually impaired in the IRS (IT) and acknowledged that since CSE-2014, visually impaired candidates have been selected for the IRS (IT). The Court criticized the Union of India for failing to implement the provisions of the PWD Act, 1995, effectively, thereby forcing the respondent to seek justice repeatedly.
In light of these observations, the Supreme Court exercised its jurisdiction under Article 142 of the Constitution of India and issued the following directions:
1. Appointment Consideration: The cases of Respondent No.1 and the other 10 candidates belonging to the visually impaired category, who are above him in the merit list of CSE-2008, shall be considered for appointment against the backlog vacancies of PWD candidates in IRS (IT) or other services/branches.
2. Timely Action:The necessary actions to give appointments must be completed within three months. The appointments will be made prospectively, and the appointees will not be entitled to arrears of salary or seniority benefits.
3. Retirement Benefits: For retirement benefits, their service shall be counted from the date the last candidate of the visually impaired category from CSE-2008 was appointed.
4. One-Time Measure: These directions are issued as a one-time measure and shall not be treated as a precedent.
Conclusion
This ruling underscores the importance of implementing disability laws in their true spirit and ensuring that visually impaired candidates receive their rightful opportunities. The Supreme Court’s directive serves as a crucial reminder of the need for inclusivity and fairness in the civil services selection process. This judgment not only provides relief to the 11 candidates but also sets a significant precedent for future cases involving the rights of persons with disabilities.
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