(a) whether the Government are aware of the judgement given by the Supreme Court
in March, 2002 to provide reservation to the handicapped persons;
(b) if so, the details thereof and the reaction of the Government thereto;
(c) whether this percentage of reservation will be over and above the ceiling of 50%
reservation imposed by the Supreme Court; and
(d) if so, the details thereof?
THE MINISTER OF SOCIAL JUSTICE AND EMPOWERMENT (DR. SATYANARAYAN JATIYA)
(a) & (b) The Hon`ble Supreme Court, in March, 2002 on a Writ Petition No. 115/1998
(All India Confederation of the Blind & Anr. Versus the Union of India & others)
relating to the prayer on reservation of the identified teaching posts in the
Faculties and Colleges of various Universities in terms of Section 33 of the
Persons with Disabilities Act, 1995, for the visually handicapped persons, while
disposing of the case so far as University Grants Commission (U.G.C.) is
concerned, ordered that in view of the stand taken by the Government, nothing
survives for consideration in so far as U.G.C. is concerned.
(c) & (d) The Persons with Disabilities Act, 1995 provides for 3% reservation for
persons with disabilities against identified posts. According to the instruction
issued in 1997 by the Department of Personnel & Training, while reservation for
SC/ST/OBCs, is additive and is called vertical reservation, the reservation for
physically handicapped persons is termed as horizontal reservation which cuts
across the vertical reservation and the person selected against the physically
handicapped quota is to be placed in the appropriate category within the ceiling
imposed by the Hon`ble Supreme Court.