On August 18, 2021, Centre notified “blanket exemption” to all categories of posts under the IPS, Delhi, Daman and Diu, Dadar and Nagar Haveli, Andaman and Nicobar Islands, Lakshadweep Police Service (DANIPS) and IRPFS from the purview of reservation required to be provided there under for specially-abled persons. The said notification got promptly challenged by the ‘National Platform for the Rights of the Disabled’. Supreme Court heard the matter and provided initial relief to the disabled category candidates as now they can apply for the said vacancies. However, Supreme Court bench rightly observed that sympathy is one aspect, practicality is another aspect and disabled persons may not fit into all categories but they can definitely be considered for certain jobs put under different categories in civil services. Keeping in view this aspect, an incident of Tamil Nadu is quite inspiring where a Chennai person with 100 per cent blindness was appointed as civil judge junior division and the court interpreters got all orders signed by him and later got posted as editor of a Tamil journal.
This is not the first time point of contention as despite three percent reservation in each category and despite selection, disabled candidates had been denied posts, be it Sheweta Bansal case of 2012, , with locomotors disability or earlier cases of Ira Singhal and Rajat Gupta case of 2007 where in ultimately Court had to intervene. Despite clear cut laws and nearly 30 candidates qualifying every year, yet they face utmost difficulties to get posted. Disabled persons are required to fulfill certain functional and physical requirements which are different for different categories. Practically a blind person may be fit for an IAS post but unfit for IFS post. Though the original 1995 law of Person with Disability has been replaced by The Rights of Person with Disability act but nothing has changed on ground practically as GoI has been unable to identify posts for years together. Now within 8 weeks GoI has to identify and inform Court, provisions of law is not the problem area but it’s implementation. Though fight of disabled persons’ rights has been long but one hopes all ends on a positive note.
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