PLEA CHALLENGING BLANKET EXCLUSION OF PERSON WITH DISABILITY FROM IRFS, IPS AND DANIPS

The Top Court was hearing a plea challenging the Central government notification excluding persons with disability from the Indian Police Service (IPS), the Indian Railways Protection Force Service (IRPFS), and- the Delhi, Daman and Diu, Dadra and Nagar Haveli, Andaman, and Nicobar Islands and Lakshadweep Police Service (DANIPS). 

The National Platform for the Rights of the Disabled challenged a September 2021 notification. As per the notification persons with disabilities are removed not only from combat roles but also from administrative posts.

The plea argued that the notification was illegal and arbitrary.

"Due to the notification, disabled persons cannot opt for any services in the above mentioned three services and thus miss out on an important career". The Central government under Section 34 of the Right of Persons with Disabilities Act made a blanket exclusion. Although the section allows the Centre to make such exemption, however, it is not unbridled power. 

It was further contended that before making such exemption the Centre has to consult the Chief Commissioner for Persons with Disabilities.