The Supreme Court on Monday expressed “fear” about attempts by “all governments and institutions” to deprive people with disabilities of their rights under the Disability Act.
“This is our experience as judges for decades. Regardless of the exemption, all governments and agencies have always tried their best to defeat the purpose of the Disability Act. Nobody wants to pave the way for the disabled, ”regretted judges Sanjay Kishan Kaul and Hemant Gupta.
The bank heard an appeal by a consortium of Catholic school leaders and Catholic colleges in Kerala against the Supreme Court’s decision to appoint disabled candidates as teachers in their schools under the Disability Act.
In February of this year, the Supreme Court ordered management to calculate positions for disabled candidates since 1996 and to allocate four positions each year.
The 2016 Law on the Rights of Persons with Disabilities stipulates that all state educational institutions and other educational institutions sponsored by the government reserve at least 3% seating for people with disabilities.
Senior advocate V. Giri, who works for a group of Catholic educational institutions, expressed “practical” difficulties in complying with the judgment of the higher court and said that apart from the tax liability, the creation of these many positions was also not possible.
But the bank was not affected by these submissions. “We are dismayed by your submissions. They are and still are an educational institution. Are you not getting any money from the state? The government has to stop giving you money if you can’t keep the law, ”she replied.
The court added: “First, the Center and the states tried to circumvent the law by saying there were no advertisements. Then they create some positions in 3rd and 4th grades and argue that there are no positions in the upper grades. Well, even in apprenticeships, you don’t want to put them in. It is very unfair. Why is it so difficult to accommodate people with disabilities? “
For his part, Giri reiterated that it was the order of the Supreme Court to fill the positions since 1996. “We don’t have that many jobs. According to the decision of the Supreme Court, four posts are to be filled per year. We have also moved our representation at the state government, ”said the Senior Counsel.
However, the bank informed Giri that such a situation could have been avoided if the management had complied with the requirements of the Disability Act from the start. “It’s all your fault. They didn’t want to take them in. We will not interfere in the Supreme Court order. We will issue a detailed order to reject your petition, ”it said.
With the writing on the wall, Giri withdrew the petition, saying the consortium would prefer to contact the state government.
The bank stated in its decision that it was “disappointed and tormented” by the appeal of the petitioner, who chose to withdraw the appeal as the Supreme Court was reluctant to uphold the plea.
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