The Gujarat High Court has directed the state government to implement the Rights of Persons with Disabilities Act, 2016, and the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
This directive aims to provide reservation in government establishments, as mandated by Section 34 of the Act, 2016.
The decision by a bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi came in response to a public interest litigation (PIL) to address the non-implementation of the Acts, resulting in deprivation of benefits to persons with disabilities in Gujarat.
The state government had failed to fill 3% of vacancies reserved for persons with disabilities between 1996 and 2000, and again between 2016 and 2021.
The Chief Secretary of Gujarat submitted an affidavit stating that vacancies not subjected to the complete selection process cannot be treated as backlog vacancies.
However, the court emphasized the need to compute backlog vacancies and prepare a plan for special recruitment drives.
To address this issue, the court suggested counting persons with disabilities already working in each group of posts and applying the 4% reservation as per the Act of 2016.
The Ministry of Personnel, P.G. & Pensions, Department of Personnel and Training, had conducted a similar exercise in 2015, which was approved by the Apex Court.
The Advocate General assured the court that the state government would coordinate with the Department of Personnel and Training to rectify the situation.
The matter has been posted for further hearing on November 22, 2024, with the Chief Secretary cautioned to adhere to the legal requirements.