Wednesday, February 16, 2022

3 percent quota for persons with disabilities can't be sub-classified: Gauhati High Court

The Gauhati High Court on Monday reiterated that the government has a statutory obligation to provide 3 percent reservation for persons with disabilities and to ensure that the same are filled up only by persons with disability.

Justice Suman Shyam said that there should be no sub-classification of such reserved posts based on caste or religion.

"Government would not only have a statutory obligation to identify posts which can be reserved for persons with disability but would also have to earmark such vacancies, not less than 3%, for being filled up only by persons with disability. Such mandate of the statute is dehors any sub-classification and over and above any reservation based on caste, creed and religion," the single-Judge observed.

The Court noted that India's legal commitment towards providing equal opportunities for person with disabilities (PwD) comes from being a signatory to the Beijing Declaration.

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