Reservation for persons with disabilities extends to promotions: Supreme Court

The Hon’ble Supreme Court on Monday held that the persons with physical disabilities have the right to reservation in the promotions also. The case was based on a claim that was made under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. This Act has been replaced with the Rights of Persons with Disabilities Act, 2016. The Court clearly held that a disabled person can be promoted by giving the benefit of reservation as a PwD even if she was not appointed under the PwD quota. A two-judge bench comprising Justices Sanjay Kishan Kaul and Subhash Reddy in the case of State of Kerala vs. Leesamma Joseph ruled that reservation for Persons with Disabilities (PwD) mandated by Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, is applicable to promotions as well. While doing so the court referred the famous Indra Sawhney v. Union of India (1992), Rajeev Kumar v. Union of India (2016), and other relevant cases.

The Supreme Court while approving the High Court judgment held that:

• The 1995 Act very well recognizes the right to reservation while providing or granting promotion.

• Identification of posts for reservation as per Section 32 of the 1995 Act is an obligation for appointment; but appointment in that scenario cannot be frustrated by refusing to any sort of identify posts.

• The absence of the provision for reservation in the recruitment rules will not defeat the right of a PwD as such right flows directly from the legislation. 

• Reservation to promotion can be given to a PwD even if the person was not originally appointed in PwD quota.