Conceding with the argument of Centre’s counsel, Indira Jaising — who challenged the direction saying it was “not workable” to implement it — the Bench headed by Chief Justice K G Balakrishnan said: “We are staying the directions of the High Court. The directions are prima facie incorrect.” The Bench, also comprising Justices P Sathasivam and Deepak Verma, clarified that its earlier directions to the government will continue. It was not imposing any stay on the Disabilities Act, under which three per cent jobs should be reserved for disabled persons, including one per cent for visually-impaired candidates.

Earlier, the SC had directed the Centre to file a status report on the extent to which the posts had been identified and filled up. Also, it wanted to know what steps had been taken to fill up the vacancies that had arisen since the Act came into force in 1996.

Advocate Pratiti Rungta, himself visually impaired, argued the case for the National Federation for the Blind, but the Bench said “it is not possible to continue with the High Court order”.

In September, the High Court had directed the Centre to comply with the Disabilities Act and reserve three per cent seats for the disabled. Setting up a committee, the court had also set a 2010 deadline for filling up the backlog. The order had come on a PIL filed by National Blind Federation, which had submitted that job reservation was given to physically challenged and hearing impaired persons in government establishments. But visually weak or blind persons were deprived of their entitlement under the Disabilities Act.

The Centre had appealed to the apex court, seeking a stay on the HC direction. It was not workable to fill up three per cent of the cadre strength, it said, when there are around 60 departments and not enough suitable visually challenged candidates.