Justices AM Khanwilkar and Abhay S Oka comprises a bench, asking for KK Venugopal, Attorney General (AG) to oblige the Court in the matter. Even directed the petitioner to share a copy of the appeal upon the AG’s office.
In the case of National Platform for the Rights of the Disabled vs Department of Empowerment for Persons with Disabilities, an appeal has been filed before the Supreme Court challenging a Central government notification keeping out disabled persons from the Indian Railways Protection Force Service (IRPFS), the Indian Police Service (IPS), and Daman and Diu, Dadra and Nagar Haveli, the Delhi, Andaman, and the Nicobar Islands and Lakshadweep Police Service (DANIPS)
On Monday, Arvind Datar Senior Advocate appeared for the petition and requested the court for the case to be heard urgently since it was a question of “national importance.” The petition has been filed by the National Platform for the Rights of the Disabled question a September 2021 notification as per which persons with disabilities are not included from combat roles but also administrative posts.
Justices AM Khanwilkar and Abhay S Oka comprises a bench, asking for KK Venugopal, Attorney General (AG) to oblige the Court in the matter. Even directed the petitioner to share a copy of the appeal upon the AG’s office. The appeal mentioned that the notification was illegal and arbitrary.
The petition noted, “Due to the notification, persons with disabilities cannot opt for any services in these three and thus miss out on an important career pathway.” Further, it said, “Though the Section provides right to Central government to exempt any post from the purview of reservation for persons with disabilities, it is not an unbridled power.”
The appeal further clarified that under section 34 of the Right of Persons with Disabilities Act the Central government is a colorable exercise of its powers. The government made a blanket elimination of all categories of posts in DANIPS, IPS, and IRPFS.
It was contended that the Central government has to consult the Chief Commissioner for Persons with Disabilities before granting such elimination. The appeal also noted that the notification violated an advertisement issued by Delhi Police in 2019 providing reservations for persons with disabilities.
Published By : Revathy G Sanal
Edited By : Subbuthai Padma
