The Delhi High Court has directed the Centre to keep five per cent reservation for persons with disabilities with respect to the allotment of shops after a plea was filed for proper implementation of the Persons with Disabilities Act, 1995.
A bench of Justices S Ravindra Bhat and Justice Sanjeev Sachdeva said reservation be worked out following a roster system that would require the vacancies to be worked out at the 30th, 60th, 90th, 150th and 180th vacancy slots.
The court's order comes on the petition filed by one Amit Kumar Mit, who had demanded proper implementation of Section 43 of the Persons with Disabilities Act, 1995, which directs a system of preferences, unlike section 33 of the pre-existing Act. Section 43 enjoins appropriate authorities and public establishments to give preferential treatment in allotment.
The petitioner had alleged that the Ministry of Urban Development had flouted the mandate of Section 43 by not providing effective means to ensure that the 3 per cent quota set apart for persons with disabilities was filled in matters of allotment of public spaces or shops within their control.
"...in case of persons with disabilities, the vacancies will have to be worked out at the 30th, 60th, 90th, 150th and 180th vacancy slots," the bench said, adding that the roster system also requires alteration given the fact that new enactment mandates five per cent quota.
The court also directed the Centre to look into the allegations of the petitioner with respect to the violation of the guidelines of allotment of shops to those not eligible.
In an earlier order, the bench had directed the Centre to consider adoption of a roster point system so that when the allotment of shops are considered cumulatively, at fixed points, disabled persons are entitled to allotment.
The bench also directed the Centre "to ensure that the fresh roster in accordance with the new Act is prepared and placed in the public domain appropriately within six weeks".
