Persons with disabilities have right to reservation in promotion: Supreme Court
Part of: GS Prelims and GS -II – Judiciary; Rights and duties
- SC ruled that a disabled person can avail the benefit of reservation for promotion even if he or she was recruited in the regular category or developed the disability after gaining employment.
- The 1995 Act (Persons with Disabilities Act of 1995) does not make a distinction between a person who may have entered service on account of disability and a person who may have acquired disability after having entered the service.
- 1995 Act recognises the right to reservation in promotion
The background of Reservation in promotion
- In the Indira Sawhney case (1992), SC held that the reservation policy cannot be extended to promotions.
- However, the 77th Constitutional Amendment inserted clause 4A in article 16 and restored provision of reservations in promotions.
- In Nagaraj judgement (2006), Court laid down three controlling conditions that the state must meet prior to granting SC/ST a reservation in promotion:
- state must show that backwardness of the class
- class is inadequately represented in position or service
- reservations are in the interest of Administrative efficiency
- In Jarnail Singh case (2018), it struck down the demonstration of backwardness provision from Nagaraj judgement.