The Delhi High Court has ordered the Kendriya Vidyalaya Sangathan (KVS) to provide 4 per cent reservation for disabled persons in all vacancies, including 1 per cent reservation for deaf and hard of hearing individuals.
Issuing this directive, the court urged the Ministry of Social Justice and Empowerment to issue uniform guidelines for implementing reservation policies for persons with disabilities (PwDs) as it stressed on the need to avoid a policy disconnect in different departments regarding the Rights of Persons with Disabilities Act.
It noted that despite the Ministry of Social Justice and Empowerment upgrading the list of posts suitable for PwDs, these changes have not permeated the departments that conduct recruitment.
This policy disconnect has led to PwDs having to assert their rights before judicial authorities, which is undesirable, it added.
The court made these observations while addressing concerns raised by the National Association of Deaf about the lack of reservation for deaf and hard of hearing individuals in KVS job advertisements.
It found that KVS had not provided the mandated 1 per cent reservation for deaf and hard of hearing persons, which violated the statutory provisions of the Rights of Persons with Disabilities Act. It ordered KVS to issue a new advertisement and clear the backlog of vacancies within six months, providing 1 per cent reservation for the identified deaf and hard of hearing candidates.
Moreover, the court directed the KVS to appoint disabled persons, including deaf and hard of hearing individuals, within six months to ensure 4 per cent reservation for disabled persons in all vacancies in the organisation. It criticised KVS for not providing reasonable accommodation for disabled persons and compelling them to assert their rights through legal action.
The court said that the legislature intended to provide reasonable accommodation and special measures to enable PwDs to perform to the best of their abilities.