Supreme Court Directs Centre To Issue Instructions To Implement Reservation In Promotions For Persons With Disabilities Within 4 Months

The Supreme Court on Tuesday directed the Union of India to issue instructions "at the earliest and not later than four months", in accordance with the proviso to Section 34 of the Right of Persons with Disabilities Act, 2016 for giving reservation in promotions to persons with disabilities.

The order was issued in a Miscellaneous Application filed by the Central Government seeking clarification with respect to its judgement in Siddaraju vs State of Karnataka which declared that persons with disabilities have right to reservation in promotions.

The Court said that there are no ambiguities in the judgment and directed the Centre to issue instructions in terms of proviso to Section 34 of the 2016 Act for implementing reservation in promotions for persons with disabilities.

On Tuesday, a bench comprising Justices L Nageswara Rao, B.R.Gavai and Sanjiv Khanna heard arguments from Additional Solicitor General Madhavi Divan for the Central Government and Advocate Rajan Mani appearing for some of the party respondents. On the previous hearing date, the Court had heard the arguments of Senior Advocate Jayna Kothari who submitted that the Centre was seeking to undo the effect of judgments under the guise of seeking clarification.

Advocate Rajan Mani pointed out that despite 5 years since the Act has come into force, no instructions have been issued in term of proviso to Section 34 of the Right of Persons with Disabilities Act, 2016. He submitted that the implementation of reservation for PWDs are being delayed as no instructions are being issued as required by S.34 of the Act. He further argued that the present Miscellaneous Application seeking clarification was yet another attempt to dilute the judgement.

Taking into consideration Advocate Rajan Mani's submission that 5 years have elapsed since the Act came into force and yet no instructions have been issued, Justice L.Nageswara Rao asked the ASG if the Centre has issued instructions for applying reservation in promotions in terms of proviso to Section 34 of the 2016 Act.

Responding to Justice Nageswara Rao's question, ASG Madhavi Divan replied that no such instructions to provide reservation in promotion has been issued by the Centre. The ASG submitted that the instructions which are to be issued in accordance with proviso to Section 34 of the PWD Act, 2016 could not be issued in light of certain clarifications which are necessary. She submitted that "the reason we are seeking clarification is so that our instructions do not become vulnerable." ASG further argued that principles of merit, efficiency and adequacy of representation must be taken into account before extending the benefit of reservation in promotion across the board. The ASG had previously argued that widespread application of reservation in promotion for persons with disabilities across board will lead to several practical problems.

After the hearing, the bench observed that it found no reasons to issue any clarifications as sought by the Union.

The Bench, disposing of the Miscellaneus Application, noted that the court saw no ambiguity in the judgements given in decisions such as Siddaraju, National Federation of the Blind vs. Sanjay Kothari, Secy. Deptt. of Personnel and Training, 2015 (9) Scale 611 and Rajeev Kumar Gupta & Others vs Union of India (2016) 6 SCALE 417. Disposing off the Misc Application, the bench directed the Central Government to issue instructions as provided under S.34 of the Persons with Disabilities Act, 2016 not later than 4 months from the date of the order.

Case Title : Siddaraju v. State of Karnataka, MA No.2171/2020 in CA No.1567/2017

Bench: JJ L.Nageswara Rao, B.R.Gavai, Sanjiv Khanna.

Citation : LL 2021 SC 527

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