SAMBHAVANA Vs. DELHI UNIVERSITY

JUDGEMENT

(1.) THE writ petition under Article 226 of the Constitution of India has been filed seeking directions against the respondent/delhi university and its affiliate colleges to fill up the backlog of vacancies reserved for persons with disability within the meaning of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the said Act ). It was brought to the notice of the Court that despite directions, affiliate colleges were not filling up the vacancies and violating the directions by recruiting and filling up the posts with other candidates.

(2.) DIRECTIONS were passed from time to time including putting a restraint order on the affiliate colleges to fill up the vacancies from the general candidates till such time as it is ensured that the vacancies reserved under the said Act are filled up. A final solution, however, was not emerging as repeatedly advertisements were issued by affiliate colleges which were found to be defective and recruitment under those advertisements were stayed. The result was that no recruitment was taking place which naturally affects the functioning of affiliate colleges.

(3.) WE were of the considered view that it is necessary that University and its affiliate colleges put their house in order and devise a system for smooth functioning of the process of recruitment and filling up of the backlog of vacancies.