Reservation For Persons With Disabilities: Gujarat High Court Says State Will Endeavour To Notify Vacancies Within 1-Year Period

The Gujarat High Court on Friday (November 22) said that all endeavours shall be made by the concerned State government departments to notify the vacancies to the recruiting agencies within the time period provided in its Circular in compliance with the Rights of Persons with Disabilities (RPwD) Act which mandates a 4% reservation for persons with benchmark disabilities (PWDs).

The court further said that the recruiting agencies shall make an endeavour to complete the process of selection to these vacancies in a time bound manner. The court was hearing a PIL plea seeking full and effective implementation of the RPwD Act, 2016 specifically Section 34–for providing reservation in every government establishment. It also sought implementation of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 so as to implement the directions contained in Supreme Court's 2013 judgment in Union of India and Another vs. National Federation of the Blind and Others.

While examining the affidavit filed by the Chief Secretary of the State, a Division Bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi reviewed the detailed the computation of vacancies for PWDs across 27 state government departments and undertakings. According to the affidavit, a total of 21,114 backlog vacancies were identified for persons with benchmark disabilities, based on the 4% reservation quota mandated by the Act. These vacancies were to be filled in accordance with the guidelines laid out by the government.

Senior Advocate SK Rungta appearing for the Petitioner submitted that he had no objection to the identification of the backlog vacancies or the time frame proposed for filling them. He further pointed out that the government had issued a circular on November 11 specifying a time period of one year, starting from December 1 this year for filling the vacancies. Rungta raises an objection with regard to the prayer for extension of time submitting that the process should start and at any stage, if the concerned authorities facing any difficulty, they may always approach the Court for extension of time.

Advocate General Kamal Trivedi appearing for the State, said that the time period of one year was worked out in anticipation of the backlog vacancies being around 10,000 and the Officials of the Secretariat did not apprehend the figures of vacancies being double the expected number. He thus prayed for more about two years time for completion of the process for filling up backlog vacancies, identified for 27 departments of the State Governments/Undertakings which is to the tune of 21,114 posts.

The bench took into account the submissions of both parties and noted that as per the November 11 Circular it seemed that the time mentioned therein for completion of the process of selection is "sufficient". However, the bench said, the "process of selection since has to be conducted by the different recruiting agencies there may be some over spilling of the time contemplated in the Circular".

It thereafter said, "Balancing the concern of the learned Advocate General and the learned Senior Advocate appearing for the petitioner, we only provide that all endeavours shall be made by the concerned Government Department to notify the vacancies to the recruiting agencies within the time period provided in the Circular dated 11.11.2024 and the recruiting agencies shall make an endeavour to complete the process of selection in a time bound manner".

It however said that in case of any inconvenience or delay occurred in the process, it would be open for the concerned authority to approach the High Court for extension of time.

"We hope and trust that the recruitment process will be brought to their logical end in a time bound manner as undertaken by the Chief Secretary of the State in the affidavit filed before us," the court said while disposing of the plea.

Case Title: National Federation of the Blind v/s State of Gujarat

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