Petition in Supreme Court challenges Universal Exclusion of Differently Abled people from Administrative Posts

Disabled people Law Insider

Khushi Doshi

Published on: March 22, 2022 at 12:42 IST

A Petition has been brought before the Supreme Court challenging a Central Government Notice that barred Persons with disabilities from serving in the Indian Police Service (IPS), the Indian Railways Protection Force Service (IRPFS), and the Delhi, Daman and Diu, Dadra and Nagar Haveli, Andaman and Nicobar Islands, and Lakshadweep Police Services.

The Appeal was brought by the National Platform for the Rights of the Disabled in response to a September 2021 announcement that banned people with impairments not just from Combat Duties but also from Administrative Positions.

On Monday, Senior Advocate Arvind Datar, representing the Petitioner, urged that the issue be heard promptly since it was of ‘National Importance.’

Bench of Justices AM Khanwilkar and Abhay S Oka asked Attorney General (AG) KK Venugopal to assist the Court in the issue and ordered the Petitioner to serve a copy of the plea to the AG’s office.

The notification, according to the plea, was Unlawful and Arbitrary.

“Due to the notification, persons with disabilities cannot opt for any services in these three and thus miss out on an important career pathway,” the Petition stated.

The Appeal further claimed that the Central Government, in a blatant abuse of its powers under Section 34 of the Rights of Persons with Disabilities Act, excluded all kinds of employment in the IPS, DANIPS, and IRPFS.

It was argued that the Central Government must speak with the Chief Commissioner for Persons with Disabilities before providing such an exemption.

The Petition further stated that the announcement was in contravention of a 2019 advertisement published by the Delhi Police giving reservation for people with impairments.

Also read:

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