Case No.- 2630/2002
Complainant – Chief Commissioner
Respondent – High Court of Madhya Pradesh
Category of Complaint – Job Reservation
Complaint
High Court of Madhya Pradesh, Jabalpur published an advertisement in the Employment News dated 31 August – 6 September 2002 for the posts of Assistant Grade III, Stenographer, and Translator. In this advertisement, no reservation was made for the physically handicapped persons in accordance with Sec. 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995.
Judgment
The respondent is directed to work out 3% reservation for persons with disabilities in each group based on 100 point reservation register to be maintained for each post/group wherein point no 34 and 67 are reserved for persons with disabilities as per OM No. 36035/16.91 Estt (SCT) dated 18.2.1997 as modified by O.M. No. 36025/33/97 Estt.(Res) dated 4.7.1997 and read with O.M.No. 36035/14/98 Estt (Res.) dated 28.8.1998 issued by Department of Personnel & Training, Government or any other roster that the respondent is required to follow.
Having worked out the backlog of reserved vacancies/current reservation in each group/posts, including the posts advertised in Employment news dated 31 August- 6 September 2002 , the respondent shall reserve the required number of vacancies in each group/post for persons with disabilities. At least on vacancy each shall fall to the quota of persons with disabilities in the post of Assistant Grade III and Stenographer against currently advertised posts.
Therefore the respondent shall fill at least one vacancy each in these two posts in the current recruitment exercise. However, if there are backlog vacancies also then the respondent shall also make good such backlog. Similarly if any vacancy of Translator falls to the quota of persons with disabilities the same be also filled by persons with disabilities against the current available vacancies.