Disability Reservation Review

Context:

The Supreme Court directed the Union government to clarify whether meritorious candidates with disabilities are allowed “upward movement” to unreserved posts when they score above the unreserved category cutoff.

Legal Framework:

Reservation for persons with disabilities is provided under Section 34 of the Rights of Persons with Disabilities (RPwD) Act, 2016.
Purpose: To ensure mainstreaming and equal opportunities for persons with disabilities (PwDs).

Judicial Concern:

Meritorious PwD candidates who qualify for unreserved seats are currently restricted to reserved posts, preventing upward movement.
This denies opportunity to less meritorious PwDs who could otherwise fill reserved seats.
Contrast with backward class candidates, who are automatically moved up to unreserved category if meritorious, freeing reserved seats.

Implications for Policy:

Ensuring upward mobility aligns with the objective of reservation: creating inclusion while maintaining meritocracy.
Calls for systematic procedural reforms in recruitment and promotions for PwDs.
Recognizes disability as a lens to evaluate institutional inclusion, rather than a deficit requiring correction.