UNION OF INDIA & ANR. versus NATIONAL FEDERATION OF THE BLIND & ORS.

Citation: [2013] 9 S.C.R. 1023 · Decided: 08-10-2013 · Supreme Court of India · Bench: P. SATHASIVAM · Disposal: Disposed off
Cited by 10 judgment(s) · see the full citation network in Lexace
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

[2013] 9 S.C.R. 1023 
UNION OF INDIA & ANR. 
v. 
NATIONAL FEDERATION OF THE BLIND & ORS. 
(Civil Appeal No. 9096 of 2013) 
OCTOBER 08, 2013 
[P. SATHASIVAM, CJI, RANJANA PRAKASH DESAI 
AND RANJAN GOGOi, JJ.] 
PERSONS 
WITH 
DISABILITIES 
(EQUAL 
A 
B 
OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL 
C 
PARTICIPATION) ACT, 1995: 
s. 33 - Reservation of posts for persons with disabilities -
Held: Section 33 Jays down that every appropriate 
Government has to appoint on a minimum of 3% vacancies 
in an establishment, persons with disabilities, out of which 1% 
D 
each shall be reserved for (i) persons suffering from blindness 
and low vision, (ii) persons suffering from hearing impairment 
and (iii) persons suffering from locomotor or cerebral palsy -
- View of the High Court that computation of reservation must 
be on the basis of total cadre strength is clearly e"oneous -
E 
s.33 establishes the intention of legislature viz. reservation of 
3% for persons with disability should have to be computed on 
the basis of total vacancies in the strength of a cadre and not 
just on the basis of the vacancies available in the identified 
posts. 
F 
s. 33 - Reservation of posts for persons with disabilities -
Held: The Section does not distinguish the manner of 
computation of reservation between Group A and B posts or 
Group C and D posts respectively -- Computation of G 
reservation for persons with disabilities has to be done in case 
of Group A, B, C and D, posts in an identical manner viz., 
"computing 3% reservation on total number of vacancies in 
the cadre strength" -- Accordingly, certain clauses in OM 
1023 
H 
1024 
SUPREME COURT REPORTS 
[2013) 9 S.C.R. 
A dated 29. 12. 2005, which are contrary to scheme of 
reservation, are struck down and appropriate Government is 
directed to issue new Office Memorandum(s) consistent with 
the decision rendered by the Court - In order to ensure proper 
implementation of reservation policy for disabled and to 
B protect their rights, further directions given - Government of 
India, Department of Personnel and training 0. M. dated 
29. 12. 2005. 
INTERPRETATION OF STATUTES: 
C 
Construing of a provision - Held: While interpreting any 
provision of a statute the plain meaning has to be given effect 
and if language is simple and unambiguous, there is no need 
to traverse beyond the same. 
Headings and marginal notes - Held: Heading of a 
D Section or marginal note may be relied upon to clear any 
doubt or ambiguity in the interpretation of the provision and 
to discern the legislative intent - When the Section is clear 
and unambiguous, there is no need to traverse beyond those 
words -- Therefore, the headings or marginal notes cannot 
E control the meaning of the body of the section. 
SOCIAL JUSTICE: 
Reservation in employment for persons with disabilities 
F - Held: Employment is a key factor in the empowerment and 
inclusion of people with disabilities -- It is an alarming reality 
that the disabled people are out of job not because their 
disability comes in the way of their functioning rather it is social 
and practical barriers that prevent them from joining the 
workforce - Therefore, bringing them in the society based on 
G their capabilities is the need of the hour - State has a 
categorical obligation under the Constitution of India and 
under various International treaties relating to human rights 
in general and treaties for disabled persons in particular, to 
protect the rights of disabled persons - Directions issued to 
H 
UNION OF INDIA & ANR. v. NATIONAL FEDERATION 1025 
OF THE BLIND 
ensure proper implementation of reservation policy for A 
persons with disability and to protect their rights. 
Respondent No. 1 filed a writ petition before the High 
Court in public interest seeking implementation of s. 33 
of the Persons with Disabilities (Equal Opportunities, 
Protection of Rights and Full Participation) Act, 1995 
stating that the appellants failed to provide reservation_ to 
B 
the blind and low vision persons and they were virtually 
excluded from the process of recruitment to the 
Government posts as stipulated under the said Act. It was 
asserted that despite statutory provisions and various 
C 
executive orders, discrimination against the persons with 
disabilities continued in filling up the vacancies in various 
government departments. The stand of appellants was 
that the Office Memorandum (OM) dated 29.12.2005, 
issued by the Department of Personnel & Trainin
Excerpt shown. Read the full judgment & AI analysis in Lexace.