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Neutral Citation Number: 2023/DHC/001652

4. It has been further contended that despite the scheme of reservation, the benefit of reservation was not being extended in spite of orders being issued by the Government of India, by various Government establishments as well as Public Sector Undertakings (PSUs). Consequently, a nation-wide agitation took place, and finally, an agreement was arrived at to ensure that the backlog reserved vacancies are filled up by conducting a special recruitment drive. Ultimately, a special recruitment drive was undertaken by the Staff Selection Commission (SSC).

(a) To solicit information with regard to recruitments made by departments/public sector undertakings/ government companies from the date when the Disabilities Act came into force in 1996 and to work out backlog of vacancies for the disabled on the total cadre strength in different establishments within one month from the date of this order.

b) Issue a writ of certiorari or any other appropriate writ order or direction thereby calling for the records relating to the issuance of advertisement No.01/17 dt. 18.7.17 issued by respondent no.2 on behalf of respondent no.1, examine the same and quash it to the extent it does not include the backlog reserved vacancies for persons with disabilities in terms of Section 33 of the old Act of 1995 and Section 34 of the new Act of 2016 and also to the extent it notifies the reserved vacancies for physically handicapped in contravention of Rule 11 of the RPD rules 2017 which mandates that category wise reservation has to be notified for each category of disability in terms of Section 34 of the said new Act and consequently direct the respondents to issue a corrigendum to the said advertisement by reserving all backlog vacancies for persons with disabilities in terms of the said statutory provision and Hon'ble apex court judgment and also by notifying disability wise reserved vacancies separately for each category of disability entitled to the benefit of reservation in terms of rule 11 of RPD rules 2017.

(b) Convening of Departmental Promotion Committee (DPC)/ Interview by the concerned authority be concluded within 45 days from the date of finalization of the list of eligible candidates; and

(c) The order of appointment be issued within 30 days from the date of convening of DPC/ Interview, as the case may be.

15. As this Court is disposing of the present PIL, the learned SCPD shall continue to monitor this special recruitment drive and after the special recruitment drive/ the process of promotion is over, he shall be free to examine the issue by summoning the vacancy-wise roster from 33 departments/ establishments of GNCTD who have reported 'NIL' vacancy position as well as 'NIL' vacancies in some of the other departments also. The SCPD after examination of the said record will again workout backlog of vacancies, if any, and shall be free to direct the concerned departments/ establishments to fill up the backlog of vacancies so worked out by him in the manner and method as directed by him by adhering to the time schedule as framed by this Court.