HC asks DoPT to offer variety of vacancies, reservations as per RPWD Act for 2020 civil providers exam- The New Indian Categorical


NEW DELHI: The Delhi Supreme Court has requested the DoPT to submit an affidavit with the total number of reported vacancies and reservations under the Law on the Right of Persons with Disabilities for the Examination for Civil Service (CSE) 2020.

The court heard two pleas from disability rights organizations alleging that seats were not reserved for the visually impaired and people with multiple disabilities under the Disability Rights Act 2016 (RPWD).

A staff of Judges, Chief Justice DN Patel and Judge Jyoti Singh, gave the Department of Personnel and Education (DoPT) time to file an additional affidavit before August 2, the next hearing on the matter.

“In the affidavit, the DoPT will state the total number of reported job vacancies and the number of vacancies in accordance with Section 34 Para. No reservations can be made,” said the bank.

Central government permanent attorney Abhay Prakash Sahay, who appeared for the DoPT, stated that the last positions reported for CSE 2020 are 836, of which 251 positions are non-reservation.

Of the remaining 585 positions, 24 have been reserved, so the reservation complies with the mandate of Section 34 (1) of the law, or 4 percent, he said.

The Supreme Court previously had responses from the Center, the Union Civil Service Commission (UPSC) and the DoPT to the request to repeal the notice of civil service notice and a temporary seat reserved for people with visual and multiple disabilities.

The petition organization Evara Foundation has asserted that due to the insufficient number of advertised positions for the visually impaired and people with multiple disabilities, fewer candidates in these two categories would qualify for the main examination.

It also states that the number of seats reserved for the visually impaired, deaf, hearing impaired and mobility impaired does not comply with RPWD law.

The Foundation has requested an instruction to UPSC and the Center to “amend the disputed notification by including no less than eight seats for the blind / visually impaired and multiple disability categories in the disputed notification”.

It also endeavored to achieve “an equal distribution of positions (for the disabled) among the categories of people with disabilities of at least one percent each within the meaning of the law”.

In addition, she has also looked for instructions to the UPSC and the center to fill all the handicapped residues that have arisen since 1996 to date.

Another plea by the NGO Sambhavana claims that the exam announcement only mentions approximate vacancies for the disabled and not the statutory reservation requirement of four percent.

It has claimed that the UPSC audit notice only mentioned “expected approximate vacancies” – a category that does not exist under the law.

The NGO also claimed that there was a mathematical error in calculating the four percent reserve for the expected 796 digits.

Four percent reservation of 796 would add up to 31.8 or 32 digits, compared to 24 according to the announcement.

The petition also alleged that even the eventual distribution of posts of one percent per disability category – deaf, blind, mobility and multiple disabilities – is not mathematically accurate.

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