Supreme Court Issues Contempt Notice To DoPT Secretary For Not Appointing Blind Candidate As Per Judgment

The Supreme Court on Monday (December 9) issued a show cause notice to the Secretary of the Department of Personnel and Training (DoPT) for non-compliance with its judgment directing the appointment of Pankaj Srivastava, a 100 percent visually impaired candidate who cleared the Civil Services Examination (CSE) in 2008.

“There is hardly any compliance made by the Union of India with the judgement of this court dated 8th July, 2024. We direct the Secretary of the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pension, New Delhi to file his personal affidavit showing cause why action against the under the Contempt of Courts Act 1971 should not be initiated against him. Affidavit to be filed on or before 19th of December”, the Court ordered.

A bench of Justice Abhay S Oka and Justice Augustine George Masih pulled up the Union of India for its failure to implement the court's direction within three months. In its July 8 ruling, the Supreme Court had noted that the Union of India had failed to implement reservations under the Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, 1995 (PWD Act), in civil services between 1996 and 2009.

Justice Oka remarked, “This is not the first matter where people with disabilities are being treated like this by the Union of India. This is the third or fourth such matter. Unless we pass a harsh order, nothing will happen.”

During the hearing, the counsel for the Union of India informed the court that out of the 12 candidates that had to be appointed, five had been accommodated.

Justice Oka specifically inquired about Srivastava's appointment. The counsel responded that Srivastava had been requisitioned for a medical examination.

However, Justice Oka voiced concerns, remarking, “We are alarmed by the fact that you want to medically examine him, find some fault with him...”

The counsel sought an extension of one month to comply with the court's orders, stating that additional posts needed to be created. However, the Court refused, directing the Secretary of DoPT to file a personal affidavit by December 19, explaining why action should not be initiated against him under the Contempt of Courts Act, 1971.

The Court kept the matter for hearing on December 20 and ordered the Secretary to appear via video conference if full compliance is not achieved by then.

Background

The Supreme Court, in its July 8 judgment, had criticized the Union of India for making Srivastava, a visually impaired candidate, "run from pillar to post" for his appointment despite the presence of a significant backlog of vacancies for persons with disabilities (PWD). Srivastava had listed preferences for services such as the Indian Administrative Service (IAS), Indian Revenue Service (Income Tax and Customs and Excise), and Indian Railway Personnel Service.

After clearing the written and interview stages of CSE-2008, Srivastava was not appointed, prompting him to approach the Central Administrative Tribunal (CAT). In 2010, the CAT directed the DoPT and UPSC to calculate the backlog of vacancies and consider his appointment. Despite multiple orders from the CAT and Delhi High Court in his favor, Srivastava's case remained unresolved, leading to the Supreme Court's intervention.

The Supreme Court directed the Union of India to identify and fill backlog vacancies, including interchanging vacancies among categories under Section 36 of the PWD Act. It specifically ordered that Srivastava and ten other candidates ranked above him in the merit list be considered for appointments within three months.

Case no. – MA 2294/2024 in C.A. No. 3303/2015

Case Title – Union of India v. Pankaj Kumar Srivastava

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