GOVT. OF INDIA THROUGH SECRETARY & ANR. versus RAVI PRAKASH GUPTA & ANR.

GOVT. OF INDIA THROUGH SECRETARY & ANR. versus RAVI PRAKASH GUPTA & ANR.

The denial of appointment to a visually impaired candidate who was successful in the Civil Services Examination, on the ground that there was only one post meant for such persons and posts had not been identified earlier, is incorrect. Reservation under section 33 of the Persons with Disabilities Act, 1995 is not dependent on identification under section 32; the government is duty-bound to make appointments in the number of posts reserved for persons suffering from disabilities. The High Court order that a clear vacancy existed and the respondent could be accommodated does not call for interference.

Parties
Petitioner: Govt. of India through Secretary, Ministry of Personnel & Public Grievances, Department of Personnel and Training and Secretary, Ministry of Social Justice and Empowerment; Respondent: Ravi Prakash Gupta; Respondent: Anr.
Jurisdiction
India
Judgment Date
07 July 2010
Procedural Posture
Special Leave Petition (civil) No. 14889 of 2009 / Supreme Court Final Judgment
Outcome
Special Leave Petition dismissed
Legal Topics
Reservation in Appointments, Interpretation of Persons With Disabilities Act, 1995, Identification and Reservation of Posts, Rights of Visually Impaired Candidates
Administrative Law Disability Rights Constitutional Law Reservation in Appointments Interpretation of Persons With Disabilities Act, 1995 Identification and Reservation of Posts Rights of Visually Impaired Candidates

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Parties

Govt. of India through Secretary, Ministry of Personnel & Public Grievances, Department of Personnel and Training and Secretary, Ministry of Social Justice and Empowerment

Petitioner

Ravi Prakash Gupta

Respondent

Anr.

Respondent

Procedural Posture

Special Leave Petition (civil) No. 14889 of 2009 / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether reservation under section 33 of the Persons with Disabilities Act, 1995 is dependent on identification under section 32
  2. 2 Whether denial of appointment to a visually impaired candidate due to alleged non-availability of identified vacancies is legal

Ratio Decidendi

The denial of appointment to a visually impaired candidate who was successful in the Civil Services Examination, on the ground that there was only one post meant for such persons and posts had not been identified earlier, is incorrect. Reservation under section 33 of the Persons with Disabilities Act, 1995 is not dependent on identification under section 32; the government is duty-bound to make appointments in the number of posts reserved for persons suffering from disabilities. The High Court order that a clear vacancy existed and the respondent could be accommodated does not call for interference.

Court Disposition

Special Leave Petition dismissed

Orders

  • All interim orders vacated
  • Petitioners to pay the cost of proceedings to respondent No. 1 assessed at Rs. 20,000/- within four weeks