The Supreme Court has called upon the Union government to take corrective measures in the implementation of reservation for persons with disabilities, emphasising that candidates with disabilities who perform on par with or better than general category candidates must be treated as unreserved. The court drew a parallel with the system followed in the case of Scheduled Castes and Scheduled Tribes, where meritorious candidates from reserved categories are shifted to the unreserved list once they meet the general merit criteria.

A bench of Justices Vikram Nath and Sandeep Mehta pointed out that the failure to extend this “upward movement” principle to disabled candidates defeats the very purpose of reservation, as it prevents equitable distribution of opportunities among the most deserving and disadvantaged sections.

Court’s Emphasis on Equal Opportunity

The bench observed that the current practice penalises high-performing persons with disabilities by placing them in the reserved quota, even when their scores qualify them for a general seat. Justice Sandeep Mehta, who authored the judgment, explained that such a system blocks another candidate with disability, who could benefit from the quota, from accessing it. This, the court said, undermines the spirit of equal representation envisaged under constitutional guarantees.

The court took note of the structural and social barriers faced by persons with disabilities, many of whom continue to remain underrepresented despite constitutional safeguards and welfare schemes. It underlined that the primary objective of state policy is not to ensure token equality but to break through barriers of stigma, poverty, and lack of access that systematically hold back people with disabilities.

Parallels Drawn with SC/ST Reservation

Highlighting the precedent set in cases of SC and ST reservation, the court noted that candidates from these communities, who qualify for the open category on merit, are not forced to occupy a reserved seat. This system of upward mobility not only acknowledges their achievement but also ensures that reserved category seats are available for those most in need.

Justice Mehta stressed that the same approach must extend to the disability quota as well. Denying meritorious disabled candidates this advantage creates double discrimination: first by forcing them into the quota in spite of qualifying for the open category, and second by restricting genuine access for other disadvantaged candidates who might otherwise claim the reserved post.

Centre Urged to Act

The bench directed the Union government to explain if steps had been taken to extend upward movement to disabled candidates both in appointments and promotions. It asked whether the existing framework ensures that disabled individuals securing marks above the general cut-off are counted as part of the unreserved category instead of the quota.

The judges made it clear that extending this principle to promotions is equally significant, since many disabled employees face institutional hurdles beyond initial recruitment. Only a fair mechanism that acknowledges merit while safeguarding opportunities for the more deprived sections can ensure that the substantive benefits of reservation reach those who truly require them.

The Supreme Court concluded that state-driven welfare initiatives must not merely secure the appearance of equality but must work to dismantle entrenched barriers. The judgment places strong emphasis on aligning the reservation system for persons with disabilities with the broader constitutional mandate of fairness, inclusivity, and justice. It called for immediate attention from the government to streamline the system so that persons with disabilities are not denied their rightful opportunity due to rigid and outdated implementation of reservation policy.

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