Supreme Court rules that meritorious candidates with disabilities should not be restricted to reserved seats
The Supreme Court has directed the Union government to ensure 'upward mobility' for meritorious candidates with disabilities. The court ruled that if a candidate with a disability scores higher than the cut-off for the unreserved category, they should be moved to the unreserved list, leaving the reserved seat vacant for another person with a disability. The bench stated that denying this mobility defeats the purpose of reservation under the Rights of Persons with Disabilities Act and constitutes 'hostile discrimination.' This principle applies to both initial recruitment and promotions, ensuring that reservation serves its objective of opening windows for mainstream participation.
Key Points
- Meritorious candidates with disabilities who qualify on their own merit must be counted against unreserved seats.
- This practice ensures that more people with disabilities can benefit from reservation quotas.
- The court emphasized that the law must view disability as a lens to reveal institutional frameworks rather than a deficit.
- The government must report on measures taken to ensure this upward movement by October 14.
Exam Facts
- Rights of Persons with Disabilities Act (Section 34).
- Supreme Court Bench: Justice Vikram Nath and Sandeep Mehta.
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