Job quota for disabled persons shouldn't be mixed with caste-creed quota: Gauhati High Court

STAFF REPORTER

GUWAHATI: Citing two previous Supreme Court judgments, the Gauhati High Court has recently ruled that posts in government department which are reserved for Persons With Disabilities (PWDs), should not be further sub-classified into Other Backward Classes (OBC), More Other Backward Classes (MOBC), ST (Hills) etc.

The court's ruling came while disposing of a Writ Petition filed by a general category PWD candidate who was not selected for appointment for the post of Veterinary Officer/Block Veterinary Officer under the Assam Animal Husbandry & Veterinary Department, apparently because the relevant advertisement issued by the Assam Public Service Commission (APSC) on February 17, 2018 additionally classified posts reserved for PWDs into OBC, MOBC and ST (H).

The High Court directed the Commissioner & Secretary of the Animal Husbandry & Veterinary Department to consider the case of the petitioner, one Saidur Rahman, for appointment in the post of Veterinary Officer/Block Veterinary Officer against one of three vacancies reserved for being filled up by PWD category candidates. The court further set a time frame of two months for completion of the process.

The court observed in its Order that the posts were reserved for being filled up by candidates belonging to the PWD category, but as per the advertisement notice these four posts were meant only for candidates with physical disability belonging to OBC, MOBC and ST (H) categories. "Therefore, the core issue that arises for consideration in this case is as to whether, the respondents were justified in further reserving those four posts meant for PWD candidates to be filled up only by candidates belonging to OBC/ MOBC/ ST(H) candidates. From the advertisement notice, it is clear that the recruitment process was not a special drive for intake of only reserved categories candidates belonging to OBC/ MOBC/ST (H) category, but the same was meant for General Category candidates as well," the Order noted.

The court stated in its Order: "In the case of Mahesh Gupta (Supra) ... the Hon'ble Supreme Court has categorically held that a disabled is a disabled and therefore, the question of making further reservation on the basis of caste, creed and religion

would not ordinarily arise. Such a view has been expressed by observing that disabled are by themselves a special class and to that extent their further classification may not be justified.

"Similar is the view expressed in the case of M Selvakumar & Anr (Supra) wherein it has been observed that physically handicapped category is a category in itself and the persons who are physically handicapped have to be treated alike in extending the relaxation and concession regardless of the fact whether they belong to a general category or OBC category," the Order stated.

"Applying the ratio laid down in the case of Mahesh Gupta (Supra) and M Selvakumar & Anr. (Supra), this Court is of the unhesitant opinion that having reserved four vacancies to be filled up by PWD candidates and having permitted the General Category candidates to participate in the recruitment process, there was no scope for the authorities to further reserve those four vacancies in PWD category to be filled up only by candidates belonging to OBC/MOBC or ST (H) category."

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