LALIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

(2.) Sub-Sec. 1 of Sec. 34 of the Rights of Persons with Disabilities Act, 2016 (in short Act) obligates every appropriate Government within the meaning of Sec. 2(b) of the Act to appoint in every Government establishment, not less than 4% of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, 1% each shall be reserved for persons with benchmark disabilities under Clauses (a), (b) and (c) and 1% for persons with benchmark disabilities under Clauses (d) and (e). The nature of disabilities in Clauses (a) to (e), as referred to in Sub- Sec. 34, are as under:-

(3.) Sub-Sec. (2) of Sec. 34 of the Act further mandates that in case in any recruitment year any vacancy cannot be filled up due to non-availability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also, suitable person with benchmark disability is not available, it may first, be filled by interchange among the five categories, as noted above, and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy for appointment of a person, other than a person with disability.