UNION OF INDIA Vs. RAVINDRA U GARKAL

JUDGEMENT

(1.) Cm APPL. 5914-5915/2019 Exemptions allowed, subject to all just exceptions. W.P.(C) 1308/2019 & CM APPL. 5913/2019 (for stay)

(2.) The respondent participated in the Civil Services Examination (CSE) 2007. He came out meritorious and was allocated IRS (C&CE) vide letter dated 18.12.2008. The respondent belongs to the physically handicapped category suffering from hearing impairment. The petitioner, admittedly, was not implementing the provisions of "Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995" ('the Act'), which prescribes horizontal reservation to the extent of 3% of the public posts in favour of persons suffering from disabilities. 1% posts were required to be reserved for persons with 'hearing impairment'. Admittedly, the respondent was allocated to IRS (C&CE) on the basis of his rank in CSE 2007. That allocation was not made on the basis of grant of 1% reservation for the hearing impairment category candidates. Consequently, he preferred the above mentioned Original Application. We may take note of some of the relevant decisions which have also been noticed by the Tribunal.

(3.) In the case of Ravi Prakash Gupta, the Applicant assailed the inaction on the part of the Government in implementing the provisions of the Act. The Tribunal dismissed his OA No. 1397/2007 on 07.04.2008. He carried the same to this Court in W.P.(C) 5429/2008 titled Ravi Prakash Gupta vs. UPSC & Ors., decided on 25.02.2009. The Court allowed the writ petition and enforced the provisions of the Act which grants reservation to persons with disabilities. The Court, inter alia, observed: