Supreme Court of India
Justice Sunanda Bhandare Foundation vs U.O.I. & Anr on 26 March, 2014
Equivalent citations: AIR 2014 SUPREME COURT 2869, 2014 LAB. I. C. 2876, 2014 (5) AIR BOM R 176, (2014) 142 FACLR 4, (2015) 1 RAJ LW 270, 2014 (14) SCC 383, (2014) 3 ESC 302, (2014) 1 WLC(SC)CVL 692, (2014) 3 JCR 61 (SC), (2014) 3 SERVLJ 275, (2014) 3 ALL WC 2779, (2014) 5 CAL HN 80, (2014) 2 CAL LJ 116, (2014) 2 CURCC 162
Author: R.M. Lodha
Bench: Dipak Misra, Sudhansu Jyoti Mukhopadhaya, R.M. Lodha
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL/APPELLATE JURISDICTION
WRIT PETITION (CIVIL) NO. 116 OF 1998
JUSTICE SUNANDA BHANDARE FOUNDATION Petitioner(s)
VERSUS
U.O.I. & ANR Respondent(s)
WITH
WRIT PETITION (CIVIL) NO. 115 OF 1998
WRIT PETITION (CIVIL) NO. 430 OF 2000
CIVIL APPEAL NO. 6442 OF 1998
CIVIL APPEAL NO. 6443 OF 1998
J U D G M E N T
R.M. LODHA, J. :
Writ Petition (Civil) No. 116 of 1998 In this Writ Petition filed by the petitioner – a charitable trust, the prayers made are (i) for implementation of the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short, '1995 Act'), (ii) direction for the reservation of 1% of the identified teaching posts in the faculties and college of various Universities in terms of Section 33 of the 1995 Act, and (iii) for declaration that denial of appointment to the visually disabled persons in the faculties and college of various Universities in the identified posts is violative of their fundamental rights guaranteed under Articles 14 and 15 read with Article 41 of the Constitution of India.
2. Initially, two respondents, namely, (one) Union of India through its Secretary, Ministry of Welfare and (two) University Grants Commission (U.G.C.) through its Chairperson were impleaded as party respondents.
3. On 07.10.1998, the Court ordered impleadment of the States and so also the Union Territories and, accordingly, respondent Nos. 3 to 34 were impleaded as party respondents.
4. On 13.09.2001, the Court directed the Chief Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India to be impleaded as party respondent and consequently it has been impleaded as respondent No. 35.
5. Then on 18.02.2009, the Court directed Commissioners for Persons with Disabilities of various States and Union Territories to be impleaded as party respondents and consequently respondent Nos. 36 to 70 have been impleaded who are Commissioners for Persons with Disabilities in different States and Union Territories.
6. Certain interim orders have been passed by this Court from time to time.
7. Insofar as U.G.C. (respondent No. 2) is concerned, the Court was informed on 19.03.2002 through counter affidavit that U.G.C. has acted in compliance of the 1995 Act. In paras 3, 6, 7 and 8 of the counter affidavit filed on behalf of the Chief Commissioner for Persons with Disabilities, it was stated :
"3. It is humbly submitted that in pursuance of Section 32 of the Persons with Disabilities Act (Equal Opportunities Protection of Rights and Full participation) Act, 1995, the appropriate government (Government of India) has updated the list of identified posts. This list has been issued vide Extraordinary Gazette Notification No. 178 dated 30.6.2001.
In this list, the posts of University/College/School
Teacher for the blind and low-vision have
been listed at Sl. No. 24-27 on page No. 592.
6. The Chief Commissioner for Person with
Disabilities has taken cognizance of the
arrangements provided by the University Grants
Commission for persons with disabilities by
way of extending 5% relaxation in cut off
marks, appearing in the NET for Junior Research
Fellowship and Lectuership. Thus, the
arrangement extended by UGC is in
consonance with the policy stand taken by Govt.
of India in so far as relaxation in minimum
standard is concerned. Relaxation in
standards has been favoured only when the
candidates belonging to reserved categories
are not available on the basis of the general
standard to fill all the vacancies reserved for
them.
7. The relaxation extended to SC & ST
candidates as per Maintenance of Standard
1998 of the Universities, provides for a 5%
relaxation from 55 % to 50% in the marks
obtained at Master's Degree. Since reservation
for the disabled is called horizontal
reservation which cuts across all vertical
categories such as SC, ST, OBC &
General. Therefore, all such blind/low-
vision persons who belonged to SC, ST vertical
category would automatically enjoy the
benefit of 5 % relaxation at the minimum
qualifying marks obtained at Master's Degree
level. Thus, only the blind and low vision
belonging to OBC & General categories are
deprived of the relaxation of 5 % marks at
masters' level.
8. The blind/low-vision and other visually
disabled persons belonging to SC & ST category
are in any case enjoying the benefit of 5%
relaxation in marks obtained at the master's
level for appearing in the NET examination
conducted by the UGC. By extending the
same relaxation to particularly
blind/low-vision and in general all
disabled at par with SC & ST disabled would
bring parity amongst all persons with
disabilities irrespective of their vertical
categories."
8. Thus, insofar as U.G.C. is concerned, this Court in the order 19.03.2002 observed that nothing survives for consideration and the matter is disposed of as against U.G.C.
9. On 19.07.2006, the Court directed the Union of India and the State Governments to file their responses in the form of affidavits within a period of four weeks, failing which it was observed that the Court may be compelled to direct personal appearance of the Chief Secretaries of the concerned States though the Court would like to avoid in making such a direction. Some of the States have filed their responses and some have not.
10. Be that as it may, the beneficial provisions of the 1995 Act cannot be allowed to remain only on paper for years and thereby defeating the very purpose of such law and legislative policy. The Union, States, Union Territories and all those upon whom obligation has been cast under the 1995 Act have to effectively implement it. As a matter of fact, the role of the governments in the matter such as this has to be proactive. In the matters of providing relief to those who are differently abled, the approach and attitude of the executive must be liberal and relief oriented and not obstructive or lethargic. A little concern for this class who are differently abled can do wonders in their life and help them stand on their own and not remain on mercy of others. A welfare State, that India is, must accord its best and special attention to a section of our society which comprises of differently abled citizens. This is true equality and effective conferment of equal opportunity.
11. More than 18 years have passed since the 1995 Act came to be passed and yet we are confronted with the problem of implementation of the 1995 Act in its letter and spirit by the Union, States, Union Territories and other establishments to which it is made applicable.
12. Ms. Sunita Sharma, learned counsel for the Union of India, informs us that insofar as Union of India is concerned, it has implemented the provisions of the 1995 Act and the reservation of 1% of the identified teaching posts in the faculties and college of various Universities in terms of Section 33 of the 1995 Act has been done.
13. In our view, the 1995 Act has to be implemented in the letter and spirit by the Central Government, State Governments and Union Territories without any delay, if not implemented so far.
14. We, accordingly, direct the Central Government, State Governments and Union Territories to implement the provisions of the 1995 Act immediately and positively by the end of 2014.
15. The Secretary, Ministry of Welfare, Government of India, the Chief Secretaries of the States, the Administrators of Union Territories, the Chief Commissioner of the Union of India and the Commissioners of the State Governments and Union Territories shall ensure implementation of the 1995 Act in all respects including with regard to visually disabled persons within the above time.
16. Writ Petition is disposed of in the above terms.
Writ Petition (Civil) No. 115 of 1998, Writ Petition (Civil) No. 430 of 2000, Civil Appeal No. 6442 of 1998 and Civil Appeal No. 6443 of 1998 Writ Petitions and Appeals are disposed of in terms of the judgment passed today in Writ Petition (Civil) No. 116 of 1998.
2. No costs.
3. Interlocutory Applications for intervention and impleadment filed in Civil Appeal No. 6442 of 1998, in view of the above, do not survive and they stand disposed of as such.
..............................J. ( R.M. LODHA ) ..............................J. ( SUDHANSU JYOTI MUKHOPADHAYA ) NEW DELHI; ..............................J. MARCH 26, 2014 ( DIPAK MISRA )