Whether Reservation In Promotion Can Be Granted To Persons With Disability If Their Entry Point Was Different? Supreme Court To Examine

Can persons having physical disability could be granted reservation in promotion if their entry point was not of a person with disability under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act ? The Supreme Court will consider the issue in a Special Leave Petition filed by the State of Kerala. 

The State approached the Apex Court challenging the Kerala High Court order which set aside the order of the Kerala Administrative Tribunal that had dismissed an Original Application filed by Leesamma Joseph claiming reservation in promotion. The High Court held that she should be considered for her promotion based on the disability at the time when her claim originally arose; subject to her seniority with reference to the other physically challenged candidates entitled to such reservation. The High court, to hold thus, had referred to a three Judge Bench judgment of Apex Court in Siddaraju v. State of Karnataka in which it was held that such reservation is applicable to promotions

Challenging this order, the state contended that she was given employment on compassionate ground and the entry point was not of a person with disability under the Persons with Disabilities and therefore such a person cannot claim reservation in matter of promotion under the Act as it will also affect the other general candidates.

The bench comprising Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy, however, observed that since Leesamma has already retired, it is not inclined to interfere with the relief granted to her. 

The court appointed Advocate Gaurav Agrawal as Amicus Curiae to assist it in determination of the legal issue.

CASE: STATE OF KERALA vs. LEESAMMA JOSEPH [SLP (C) No(s). 14540/2020]

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