KOHIMA, APRIL 18 (MExN): In a writ petition filed before the Gauhati High Court, Kohima Bench against Nagaland State Government’s failure to implement the job reservation for persons with disabilities in toto, the motion have been moved before the Justice S. Serto, Judge Gauhati High Court today.
The writ petition was filed by one Toviholi Swu, a resident of Chekiye Village, Dimapur against the Nagaland Government (respondent) in the matter of violation of Section 34 of The Rights of Person with Disabilities Act 2014 reserving 4% job reservation and others.
The notice has been issued to the state respondents namely Chief Secretary, Commissioner & Secretary, Department of Personnel & Administrative Reforms and Chairperson, Nagaland Public Service Commission and the matter is to be listed after four weeks, a press release issued by the Nagaland State Legal Services Authority (NSLSA) informed on Wednesday. According to the writ petition filed in the Court, ever since the Act of 1995 for the persons with disability has been enacted, the “state of Nagaland has acted in subterfuge by not implementing the Act in the manner it should be, thereby depriving the marginalised of their share of reservation.”
While the Act of 1995 provides for minimum 3% reservation of jobs for the disabled in the state government/public undertaking institutions, the Act of 2016 provides for minimum reservation in jobs at 4%.
After the act of 1995 was enforced, the state respondents came out with the notification dated 19th August 2004 providing for 5% jobs reservation to the persons with disability and the same was revoked and replaced by the notification dated 16th January, 2008 providing for 3% reservation of jobs for the disabled.
In both the first and subsequent notifications, the state notifications are said to be guided by the principles laid down by the Supreme Court of India and the union ministry of personnel, public grievances and pensions, the NSLSA explained.
The letter No. 36035/16/91-Estt. (SCT), Government of India, Ministry of Personnel, Public Grievances &Pensions, DOPT, North Block, New Delhi dated 18th February 1997as well as the Office Memorandum of the Government of India, Ministry of Personnel, Public Grievances & Pensions, DOPT, dated New Delhi, the 29th December 2005 both provides for reservation in all the categories of posts for reservation of at least 3% for the persons with disability, i.e. with a specific mention of Group A and Group B as well as the Group C and Group D category of posts.
However, despite the clear mention in the state notifications that the same is guided by the principles laid down by the Apex Court and the Union Government; the state respondents have not implemented the reservation in all posts that can employ the persons with disability.
Several representations have been submitted to the state respondents. However, the same went to deaf ears. Hence, having left with no other efficacious remedy, the petitioner approached the NSLSA for approaching this Court. The NSLSA appointed the Legal Aid Counsel on March 16, 2018, the press release stated.
In tune with the office memorandum and the principles laid down by the Supreme Court, the Union Public Services has reservation for persons with disability in the IAS, IFS, IRS, etc, however by the notification of 2008, the annexure point to show that there is no reservation for the persons with disability in the EAC, AEO, SA (partial), etc in the state of Nagaland, said the press release.
Hence, the petitioner is seeking immediate intervention against the false claim of the Government of Nagaland as being guided by the principles laid down by the Supreme Court and the Office Memorandums of the Government of India, the NSLSA stated.
