New Delhi, June 28: The Supreme Court on Monday said a contention that posts in the promotional cadre cannot be reserved for persons with disabilities (PwD) category, due to functional or other reasons, should not be a ruse to defeat reservation in promotion for candidates with disabilities.
A bench comprising Justices Sanjay Kishan Kaul and R. Subhash Reddy said: "We have no doubt that the mandate of Section 32 of the 1995 Act, The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), enjoins the government to identify posts that can be filled up with persons with disability. Thus, even posts in promotional cadre have to be identified for PwD and such posts have to be reserved for PwD".
The bench ruled that a person with disability would be considered for promotion along with other persons working in the feeder cadre. The bench said there cannot be methodology used to defeat the reservation in promotion. "Once that post is identified, the logical conclusion would be that it would be reserved for PwD who have been promoted. The absence of rules to provide for reservation in promotion would not defeat the rights of PwD to a reservation in promotion as it flows from the legislation", it added.
The bench added that such a scenario will result in frustration and stagnation as others may get promoted even over the persons with disability as, more often than not, the disability comes in the way of meeting the requirements for promotion. "In such a situation, we would require the government to explore methods to address the issue of stagnation of PwD," said the bench.