NFB/Press(50)/2016/ 30.6.2016 Press Release S.K. Rungta, General Secretary, National Federation of the Blind addressing a press conference here today informed that Federation has been engaged in judicial battle for proper interpretation and implementation of scheme of reservation for persons with disabilities in term of Section 33 of the Persons With Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995. He further stated that Hon'ble Apex court on 8.10.13 in the case titled as Union of India vs. National Federation of the Blind gave a land mark judgment directing the Govt, of India and State Govt.s to compute 3% reservation for persons with disabilities in all groups of posts against the total number of vacancies in the cadre strength. The Hon'ble apex court also laid down that the computation has to be done in an identical manner in respect of all groups of posts. Following the said judgment, the Hon'ble Apex court in a case titled as MCD Vs. Manoj Kumar Gupta held in judgment dt.10.12.13 upheld the judgment of Hon'ble Delhi High court which declared that Section 33 of the Disabilities Act, provided for reservation in promotion for persons with disabilities in Groups A & B also. However, the Govt, of India did not implement the said judgment and tried to contested by various other litigations in which it was unsuccessful every time.
He informed that finally, the Hon'ble Apex court has settled the issue by delivering a detailed judgment today i.e. on 30.6.2016 in W.P. Civil No.521/2008 declaring that the Scheme of reservation as contained in Section 33 of the Persons with disabilities Act, 1995 entitles the persons with disabilities to have the benefit of reservation in promotion in Groups A & B as well and struck down the office memorandum which did not provide for reservation in promotion to persons with disabilities in groups A & B posts. He maintained that this is a historic victory of disabled community and this judgment has vindicated the stand of NFB which was demanding the amendment in the office memorandum relating to procedure for implementation of scheme of reservation for persons with disabilities. He has urged the Govt, of India to incorporate this verdict in the relevant provision of the Bill which is pending before Rajya Sabha providing for reservation to persons with disabilities in jobs irrespective of the mode of recruitment as the pending bill is claimed to be to advance and grant more rights than existing one. He urged the Hon'ble Prime Minister to take a positive decision to suitably amend the provision in the Bill and give justice to persons with disabilities in the spirit of UN Convention on the right of persons with disabilities. (S.K. RUNGTA) General Secretary Sent from my iPhone Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/accessindia@accessindia.org.in/ To unsubscribe send a message to accessindia-requ...@accessindia.org.in with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
