Supreme Court directs Centre to consider appointment of visually impaired candidates in IRS-Income Tax

New Delhi: The Supreme Court has on July 8, 2024 directed the Union government to give appointment to a 100 per cent visually impaired candidate and 10 other such persons either in IRS (IT) or in other service or branch against the backlog vacancies within a period of three months.

A bench of Justices Abhay S Oka and Pankaj Mithal pulled up the Union government for failure to implement the law, and making the candidates run from pillar to post, despite having qualified the Civil Services Examination 2008.

The court invoked its power under Article 142 of the Constitution to do complete justice to issue the directions as one time measure only.

The court found "gross default" on the part of the Union government in implementing the provisions of the the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, in considering the case of respondent Pankaj Kumar Srivastava and 10 others who were above him in the merit list.

"Unfortunately, in this case, at all stages, the appellant (Union government) has taken a stand which defeats the very object of enacting laws for the benefit of persons with disability. If the appellant had implemented PWD Act, 1995, in its true letter and spirit, respondent no 1 (Srivastava) would not have been forced to run from pillar to post to get justice," the bench said.

The bench noted several backlog vacancies existed for VI categories (Visually impaired) in IRS (IT).

"The total vacancies of PWD posts for IRS (IT) are 75. By applying the principles governing Section 36 of the PWD Act, 1995, the cases of respondent no 1 and the other 10 candidates who are above him in merit could have been considered," the bench said.

Srivastava had qualified in the Civil Services Examination, 2008.

He had given four preferences for services Indian Administrative Services (IAS), Indian Revenue Services-Income Tax (IRS (IT)), Indian Railway Personnel Service (IRPS) and Indian Revenue Service (Customs and Excise) (IRS (C&E)).

The matter travelled to the Central Administrative Tribunal, the Delhi High Court and the apex court which directed the Union government to consider the case of Srivastava and 10 other candidates belonging to Category VI, who were above him in the merit list of CSE-2008.