Gujarat High Court Issues Notice On Plea To Implement 4% Reservation In Promotions For Persons With Disabilities Employed By State

The Gujarat High Court on Monday (January 20) issued notice to the Union Ministry of Social Justice and Empowerment and the Department of the Empowerment of Persons with Disabilities on a plea for immediate compliance of an Office Memorandum mandating 4% reservation in promotions for State employees with disabilities under the Rights of Persons with Disabilities Act.

The Office Memorandum, issued by the Ministry of Personnel, Public Grievances and Pensions, pertains to formulation and implementation of a State Policy in order to evaluate, consider and grant benefit of 4% reservation in promotions to all eligible employees, recognized as Persons with disabilities, employed by the State of Gujarat and all its instrumentalities. 

Justice Aniruddha Mayee in its order said, “Issue Notice returnable on 24.02.2025.”

The Plea moved by 34 petitioners relied on the judgments of the Supreme Court in the case of Rajeev Kumar Gupta vs Union of India (2016) and Siddaraju vs State of Karnataka (2020) and State of Kerala vs Leesamma Joseph (2021) as per which directions have been issued to the Centre and the States to follow the mandate of Section 33(Identification of posts for reservation) and 34(Reservation) of the Rights of Persons with Disabilities Act.

Section 33 states that the appropriate Government shall identify posts in the establishments which can be held by respective category of persons with benchmark disabilities in respect of the vacancies reserved in accordance with the provisions of section 34. 

Section 34 meanwhile states that every appropriate Government shall appoint in every Government establishment, not less than 4% of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities as provided in the provision. 

The petitioners have claimed that the State has not implemented any such policy complying with the mandate of the Act and guidelines of the Supreme Court despite various representations.

The Court then directed the respondents to file their affidavit-in-reply to be filed 'positively' before the before the next date of hearing.

Case Title: Makwana Sanjay Shivbhai & Ors. vs State of Gujarat & Ors.

Case Citation: 2025 LiveLaw (Guj) 11

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