The Supreme Court has strongly disapproved deliberate delay in the appointment of a blind candidate in Indian Administrative Services (IAS) cadre on the grounds that the post for the handicapped in group (A) services is yet to be identified.

A bench comprising Justices Altamas Kabir and Cyriac Joseph, while dismissing the appeal of the Union Government also imposed a cost of Rs 20,000 payable to the respondents Mr Ravi Prakash Gupta within four weeks.

Justice Kabir, in his judgement also noted ‘ While it cannot be denied that unless the posts are identified for the purpose of the Section-33 of the Disability Act, no appointment from the reserved categories contained therein can be made and that to such extent the provision of Section-33 are dependent on Section-32 of the Act, as submitted by the learned ASG, but the extent of such dependence would be for the purpose of making appointment and not for the purpose of making reservation.

In other words, reservation under Section-33 of the Act is not dependent on identification, as urged on behalf of the Union government of India, though a duty has been cast upon the appropriate government to make appointment in the number of posts reserved for the three categories mentioned in Section-33 of the Act, in respect of persons suffering from the disability, spelt out therein.’ Mr Gupta was declared successful in the preliminary exam in 2006, and was also selected in the Main exam of Civil Services conducted by UPSC.

He was called for the personality test on May 1, 2007, and when 474 candidates were selected, he stood at rank no. 5 in the merit list for visually handicapped candidates.

The Delhi High Court allowed his petition on February 25, 2009.

The Supreme Court while upholding the judgement of Delhi High Court further noted ‘The Legislature never intended the provisions of Section-32 of the Act to be used as a tool to deny the benefits of Section-33 to these categories of disabled persons indicated therein.’ The Act provides for minimum reservation of three per cent for the physically challenged candidate, the Court has given eight week time to the government to implement the High Court Judgement.

UNI