New Delhi: The Delhi High Court has issued a notice on a PIL filed by a Society for disabled, challenging the prelims examination notice issued by the Union Public Service Commission (UPSC) alleging that it doesn’t provide adequate reservation to the disables.
A divisional bench of Delhi HC comprising the Chief Justice D.N. Patel and Justice Prateek Jalan while hearing the matter through video conferencing has issued notice to the Central Government and UPSC.
The Public Interest Litigation filed by Sambhavana, a registered society for disabled alleges that the direct recruitment notice ignores the minimum reservation provided for the disabled under section 34 of the Rights of Persons with Disability Act, 2016.
The petition stated, “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) Act 2016, (RPWD Act hereinafter) out of the 796 approximate expected vacancies mentioned therein”.
The petition further stated that “The notice becomes a fraud on the Act since it gives four percent reservation of 796 expected approximate vacancies. To reserve something of that which does not legally exist is to legally give nothing.”
“The question is why did the Union Ministry of Personnel and its department the DoP&T give to the UPSC “expected approximate vacancies“, why did the UPSC accept the figures of such expected approximate vacancies and why did the Union Ministry of Social Justice not exercise oversight on the policy of the RPwD Act being defeated in this manner, especially when the Act is pursuant to India’s international obligations…”, the petition raised issues.
-India Legal Bureau