Undertake Special Recruitment Drive To Fill Up Vacancies For PwDs: High Court Directs Delhi Govt

The Delhi High Court has directed Chief Secretary of the Delhi Government to undertake a special recruitment drive for filling up backlog of vacancies for persons with disabilities(PwDs) in various departments or establishments in a time bound manner.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad also set out a time schedule to be followed by the Delhi government to carry out the special recruitment for filling up the vacancies.

The court directed that the concerned departments or establishments will send a requisition to the Delhi Subordinate Services Selection Board (DSSSB) or Union Public Service Commission (UPSC), as the case may be, within 30 days for recruitments of PwDs.

“The notification of advertisement by DSSSB/ UPSC, as the case may be, for filling up back-log of vacancies for persons with benchmark disabilities against requisition sent to them be issued within 30 days from the date of receiving requisition,” it said.

The court directed the DSSSB or UPSC to conduct the written test or interview or process of selection within 30 days from the last date of receipt of applications.

“The DSSSB/ UPSC, as the case may, shall declare the result and the process of appointment be concluded within a period of 30 days from the date of declaration of result/ interview,” it added.

The court disposed of a public interest litigation filed by NGO National Federation of the Blind alleging inaction on the part of the Delhi government in filling up the vacancies reserved for blind and low vision candidates.

The petitioner NGO was also aggrieved by the inaction on the part of the authorities in not providing reservation to Disabled Persons (Blind and Low Vision) in view of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 read with Right of Persons with Disabilities Rules 2017.

Pursuant to court’s order, State Commissioner for Persons with Disabilities (SCPD) took up the matter on February 20 and passed a detailed order furnishing details of the vacancies available to be filled up by PwDs in various departments.

The order stated that 1351 vacancies are available under direct recruitment quota for PwDs, including 356 vacancies for visually impaired persons. Regarding the promotion quota, the order stated that 852 vacancies are available including 149 vacancies for Visually Impaired persons.

It further stated that the Delhi government has been directed to fill up the vacancies by conducting a special drive.

Regarding filling up of the vacancies reported as observed by the SCPD, the court directed the Delhi government to adhere to the following schedule:

- Notification of eligible candidates for consideration against vacancies reported for being filled up by promotion and obtaining of Annual Performance Assessment Report (APAR) or other relevant information in respect of eligible candidates be issued within a period of 45 days from today.

- Convening of Departmental Promotion Committee (DPC)/ Interview by the concerned authority be concluded within 45 days from the date of finalization of the list of eligible candidates; and

- The order of appointment be issued within 30 days from the date of convening of DPC/ Interview, as the case may be.

The court also directed the SCPD to continue the monitoring of special recruitment drive and that he shall be free to examine the issue by summoning the vacancy-wise roster from the departments or establishments who have reported the vacancy position as ‘NIL’.

“The SCPD after examination of the said record will again workout backlog of vacancies, if any, and shall be free to direct the concerned departments/ establishments to fill up the backlog of vacancies so worked out by him in the manner and method as directed by him by adhering to the time schedule as framed by this Court,” it said.

The bench also clarified that any deviation in the time schedule will invite Contempt of Court proceedings and that suo moto contempt proceedings shall be initiated in case of non-compliance of the orders of the court and SCPD.

Title: NATIONAL FEDERATION OF THE BLIND v. GOVT. OF NCT OF DELHI AND ANR.

Citation: 2023 LiveLaw (Del) 209

Click Here To Read Order