The Persons with Disabilities (PWD) Act, 1995 specifies 3 per cent reservations for the disabled in all Government recruitments, unless the same is barred by the State Government with justifiable reasons.

Despite Karnataka’s stipulation of 5 per cent reservations to the disabled through its orders in 1995, 2002 and 2005, the Education Department’s method of reserving posts for the disabled during recruitment for primary school teachers has actually reduced that figure.

While recruiting 4,767 primary school teachers across the State during 2005-06, the share given to disabled persons was only 147, whereas according to the five-per cent reservation policy, the number should have been 238.

It happened because of Taluk-wise and Block-wise division of the posts before the reservation matrix was applied. The selections were made at the district level. But, reservations are effected only at taluks or Education Blocks, where, owing to lesser vacancies, roaster points of disabled are not achieved, resulting in fewer reserved seats for the disabled.

MC Nagaveni from Kolar district, an orthopedically challenged applicant, started a legal battle against the method. Following this, four months back, the High Court directed State Education department to ensure that its method for reserving posts of primary school teachers tallies with the stipulations. As the department had completed the recruitments during the pendency of the case, HC had also ordered the Government to conduct a special recruitment drive to fill the shortfall.

Despite the orders, Education department followed the old method while issuing notification to recruit 7,895 Assistant Masters for government primary schools in July this year.

The department reasons that the appointments cannot be done at district level because Deputy Director of Public Instruction (DDPI) cannot serve as appointing and disciplinary authority for an entire district, which may have up to 1200 teachers.

To ensure proper disciplinary control, the Block Education Officer (BEO) has been made the appointing authority and appointments are effected at taluk level. It is learnt that the department is also moving an appeal before the Supreme Court against the HC Division Bench order.

Jagadish Shastry, city advocate representing Nagaveni and some other disabled aspirants, said : “Supreme Court has also ruled in a case that disabled persons should be treated as a special category and irrespective of their caste, religion or gender, prescribed reservation should be effected.  But, State Government is consistently following horizontal and vertical reservations, and sub-division of posts at different levels, due to which disabled land with less than 3 per cent reservations.”


HOW IT OPERATES?

Application of reservations at taluk or block level drastically reduces the number of posts reserved. For example, in Haveri district notification, 42 assistant masters' posts are sought to be filled in three taluks. If reservation is provided at district level, disabled persons' category gets 2 posts, since the roaster points for disabled are 19,39,59,79 and 99. But, the post notified as reserved is only 1, since reservation matrix operates at taluk or block levels.