New Delhi: The Delhi High Court on 21 May directed Air India to reserve 3% of future jobs for disabled persons but refused to pass an order for fulfilling the backlog.
“If the petitioner (Air India) employs further, then the 3% reservation for the disabled would be applicable,” Justice B.D. Ahmed said while disposing of the petition of Air India.
The court also said it could not force the public carrier to recruit disabled persons only for the sake of fulfilling mandatory 3% quota.
“I cannot direct Air India to employ the disabled even if they have not fulfilled the mandatory criteria. How can the Court direct the company to recruit the disabled when it does not need people. These are the business decisions taken by the company,” the Court observed.
The court passed the direction while hearing a petition of Air India challenging the order of the chief commissioner for persons with disabilities which directed the air carrier to fulfil the backlog of 3% reservation by starting fresh recruitment.
“Such a direction given by the Commissioner could not have been given. It is
open for the petitioner to recruit persons for specific purposes. The Commissioner exceeded its jurisdiction by directing that the petitioner must recruit disabled persons,” the ourt said.
The court made it clear that the order given by the chief commissioner should be treated as general direction for future recruitments to achieve 3% reservation.