Earlier, the Delhi High Court agreed with the petitioner and allowed the plea, giving a clear decision in favour of persons with disabilities. However, this judgment has now been challenged and is being reviewed by the Supreme Court.
NEW DELHI: The Supreme Court has issued a notice to all parties involved, the appeal related to reservation benefits for persons with disabilities. The appeal challenges the limited scope of reservation that is only applicable during direct recruitment and not during promotions.
ALSO READ: Supreme Court: “Conversion to Derive Benefits of Reservation Fraud Upon the Constitution”
This case started with a plea filed in the Delhi High Court, which argued that people with disabilities should also get reservation benefits during promotions, and not just when they are recruited directly.
The petition challenged Rule 22 of the Delhi Higher Judicial Service (DHJS) Rules, stating that restricting reservation only to direct recruitment was unconstitutional and went against the Rights of Persons with Disabilities (RPWD) Act.
The Delhi High Court agreed with the petitioner and allowed the plea, giving a clear decision in favour of persons with disabilities. However, this judgment has now been challenged and is being reviewed by the Supreme Court.
While hearing the appeal, Justice Surya Kant made important observations. He said, “If a vacancy meant for a specially-abled person arises, it should go to the most senior eligible candidate.”
He also highlighted the case of judicial officer Anurag Thakur, stating that he is both senior and specially-abled, and should have been made a party in the case.
Justice Kant further questioned, “How can a judicial officer be denied their rightful seniority?”
He also asked about the broader impact of the High Court’s ruling and pointed out that currently, “one only becomes senior within their own category.”
The Supreme Court has now issued a notice to all parties involved, including Anurag Thakur.
The Bench clarified that they will examine the issue related to May 2022 or 2023, but made it clear that “such vacancies must go to eligible specially-abled candidates.”
