After considering the arguments, the Court held that KVS has violated the provisions of the RPwD Act and had assumed a power which never vested in it.
The Court noted that posts identified by the Ministry of Social Justice & Empowerment by virtue of Section 32 RPwD Act cannot be deleted, as was done by the KVS in the present case.
“In the considered opinion of this Court, if the process of recruitment is already over, the KVS – in respect of the identified posts, shall provide 1% reservation against the total vacancies notified vide the impugned advertisements to deaf and hard of hearing persons, and shall initiate a drive of special recruitment for filling up the vacancies reserved for various categories of disabled persons, including 1% identified persons who are deaf and hard of hearing,” the Court stated.
It reiterated that the reservation must be calculated on the total number of vacancies and ultimate appointment shall take place on the posts identified in the 2021 notification.
“The KVS is directed to appoint deaf and hard of hearing persons by providing them 1% reservation against the total number of vacancies in the organization. Not only this, the KVS shall provide 4% reservation to the disabled persons in respect of total vacancies in the organization – which is the mandate of law. The exercise of appointing disabled persons, including deaf and hard of hearing persons be concluded within a period of six months from the date of receipt of certified copy of this judgment,” the judgment said.
Source: Barandbench
