Supreme Court raises concern over reservations, emphasizing that no person with disability should be ignored for their rightful claim, ensuring fair treatment in education, jobs, and promotions.
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NEW DELHI: The Supreme Court of India has raised concerns about how persons with disabilities (PWD) are treated in public educational and employment opportunities, especially when they meet the general category cut-off. The order was delivered in the case of Justice Sunanda Bhandare Foundation v. Union of India.
A Bench comprising Justices Vikram Nath and Sandeep Mehta highlighted a worrying trend,
“We are informed that it is a matter of concern that the same treatment, that is, the upward movement, is not provided to persons with disabilities who, in spite of standing higher in merit, are denied such upward movement in the rank list.”
The Case
Currently, candidates from reserved categories who surpass the general category cut-off are treated as general category candidates, thereby allowing lower-scoring candidates from reserved categories to fill the reserved slots. However, PWD candidates are not granted this upward movement, which results in two major issues:
- Meritorious PWD candidates lose the opportunity to be recognized as general category candidates.
- Reserved seats may still be allocated to lower-scoring PWD candidates, defeating the purpose of meritocracy while also undermining the RPWD Act, 2016.
The Court underscored the importance of rectifying this discrepancy, noting:
“Such considerations must be guided by the overarching aim that the true and substantive benefit of reservations reaches those most in need, ensuring that no person with disability is ignored for his rightful claim to the posts invariably due to the compounded barriers of stigma and lack of access.”
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Steps Ordered by the Supreme Court
The Bench has directed the Central Government to clarify the measures taken to ensure upward movement of meritorious PWD candidates in reserved category posts, including promotions. A response is expected by October 14, 2025.
Additionally, the Court has engaged eight National Law Universities (NLUs), located in Delhi, Bengaluru, Jodhpur, Kolkata, Patiala, Mumbai, Gauhati, and Lucknow, to assist with monitoring the implementation of these directives under a program named Project Accessibility Empowerment. Reports from this project are expected in six months, with the next hearing scheduled for March 2026.
The Supreme Court emphasized that the exercise must ensure that the constitutional promise of equality, dignity, and inclusion is upheld. The Bench stated
“The benefit of reservations are not diluted nor denied to those who genuinely require it.”
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