Unreserved vacancies for candidates with disabilities open for all categories: SC
New Delhi (PTI): The Supreme Court on Tuesday said "unreserved" vacancies for Persons with Disabilities (PWD) are an open pool where merit remains the decisive factor and that eligible candidates belonging to any social or special category can be employed.
A bench of Justices Sanjay Karol and N Kotiswar Singh set aside a judgement of the Calcutta High Court, saying the "unreserved" category is not a separate "social category" but an open field for all.
It held that a more meritorious PWD candidate belonging to a reserved category like OBC, SC, or ST cannot be barred from an unreserved PWD post simply because a candidate from the "General" category is also available.
"In reservation law, it is well settled that the Unreserved/Open category does not refer to any social/communal category like SCs, STs or OBC. In other words, any post falling under the Unreserved or Open category does not pertain to any particular social category, it provides an open field or pool meant for the world at large, in the sense that it is open to all candidates, irrespective of whether one belongs to any social or special category or not," Justice Singh, who authored the verdict, said.
The court said if an unreserved or open post is meant for the special category of Persons with Disabilities, it means that the said post will be open to all candidates of all vertical social categories, whether Scheduled Castes (SCs), Scheduled Tribes (STs) or Other Backward Classes (OBC), provided such candidates are also PWD.
"Thus, all candidates, whether SC, ST or OBC, but who are Persons with Disabilities, are equally entitled to compete for the post meant for Persons with Disabilities falling under the Unreserved category, the rationale being that all those who are similarly situated must be treated equally," it said.
The case arose from a recruitment drive of the West Bengal State Electricity Transmission Company Limited (WBSETCL) for the post of Junior Engineer (Civil) Grade-II.
The notification included one post specifically earmarked for Unreserved (Persons with Disabilities -- Low Vision).
The controversy involved two candidates, an unreserved category candidate with low vision who scored 55.667 marks and an OBC candidate, also with low vision, who scored 66.667 marks.
The WBSETCL appointed the OBC candidate to the post based on his higher merit.
This was challenged by the general category candidate who said since he was a "qualified unreserved candidate", the vacancy should have gone to him and that reserved category candidates should only be considered if no unreserved PWD candidate is available.
While a single-judge bench of the high court dismissed the plea, a division bench reversed that decision, directing the employer to appoint the less-meritorious unreserved candidate.
The WBSETCL had then appealed to the Supreme Court.
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Focus on Vijay's poll promises; TVK assured 8 gm gold for women
Chennai (PTI): As the new-entrant TVK appears likely to emerge as the single largest party and form the government, the focus has now turned into actor-politician Vijay's poll promises, including 8 gm gold for marriage, which is worth about Rs 14,000 per gram (22 carat).
Vijay's assurances in the party manifesto include Rs 2,500 monthly assistance for women below 60 years, 8 gm gold for marriage and six free cooking gas cylinders a year, per family.
By 3 PM, as per EC data, Vijay's party is leading in 105 constituencies and it falls short of a simple majority (118) in the Assembly.
The actor-turned-politician also assured a quality silk saree in addition to gold for indigent brides and interest-free loans up to Rs 5 lakh for women-run SHGs. He assured corruption-free good governance if voted to power in his maiden electoral fight.
The manifesto also laid importance on education. To prevent school dropouts, mothers or guardians of children studying in government and state-aided schools will receive Rs 15,000 annually.
Vijay promised 100 special residential schools named after iconic leader K Kamaraj, credited with revolutionising education in the state, and higher education loans of up to Rs 20 lakh. The TVK founder also assured AI Ministry, AI University and AI City.
The manifesto placed a strong emphasis on agrarian welfare, too.
The party promised a full waiver of agricultural cooperative crop loans for farmers owning less than five acres of land, while those holding more than five acres will receive a 50 per cent waiver. Additionally, the party promised a Minimum Support Price (MSP) of Rs 3,500 per quintal for paddy and Rs 4,500 per tonne for sugarcane.
Addressing youth unemployment, Vijay pledged to create five lakh new government jobs and offer as many stipendiary internships. Unemployed graduates will be provided a monthly aid of up to Rs 4,000. For government employees, the party assured consideration of the Old Pension Scheme and the regularisation of contract workers, including nurses.
On the health front, he promised a drug-free Tamil Nadu. Vijay also committed to modernising hospitals, providing free annual health checkups, and introducing a Rs 25 lakh family health insurance scheme.
The manifesto also included a Rs 3,000 monthly pension for the elderly and the differently-abled, 200 units of free power, patta (land deed) regularisation, and 100 per cent piped drinking water supply for all households.
Some of the policy intereventions promised by TVK include a legal guarantee to provide essential government services like community certificates, and land pattas, within a strictly specified timeframe.
Vijay also promised doorstep delivery of governance by implementing a system to deliver services, such as ration supplies, directly to the people. He also assured that ease of doing business will be paramount to his government and promised a strict guarantee that business licences will be issued within 21 days.
Elections to 234 Assembly seats in Tamil Nadu were held on April 23.
