Imposing a litigation cost of Rs.25,000 on the Union Railway Ministry for delaying recruitment of physically challenged persons under the 3 per cent reserved category, the Delhi High Court has directed it to launch a special recruitment drive to clear the backlog of vacancies for them.
The Ministry had been delaying it on the ground of approaching the Union Ministry for Social Justice & Empowerment for exemption from reservation in recruitment for certain categories of disability. However, it was only a ruse to deny reservation to these people as the Disability Act provides for exemption of establishment from reservation, not posts, the Court noted.
The special recruitment drive will benefit more than 4,000 applicants belonging to physically-challenged category. The vacancies involve Group A, C and D staff.
The judgment came about seven years after a public interest litigation by All-India Confederation of the Blind when the petitioner found that there was no provision for reservation for physically-challenged persons in the employment notice for recruitment of Group B and D staff issued by the Ministry that year.