People with disabilities have the right to retain promotion opportunities: Supreme Court
On Monday, the Supreme Court ruled that people with physical disabilities have the right to be given preferential treatment in promotions as well. A two-judge bench comprised of Justices Sanjay Kishan Kaul and R Subhash Reddy reached this conclusion after dismissing an appeal filed by the State of Kerala against a Kerala High Court judgement (State of Kerala vs Leesamma Joseph).
According to the Supreme Court, the High Court’s decision was “salutory” and did not necessitate any intervention. The full judgement is still awaiting delivery. In addition, the Supreme Court ordered the Kerala government to implement disability-related promotion reservations within three months.
The court followed the decision of the three judges’ court in the Siddaraju case against Karnataka in January 2020, which concluded that the unreserved promotion rule established in the Indra Sawhney case does not apply to individuals. People with disabilities). In Siddaraju, a court composed of judges RF Nariman, V Ramasubramanian and Aniruddha Bose is considering challenging the opinion of Rajiv Kumar Gupta & Others v. Union of India & Others-(2016) 6 SCALE 417.
In Rajiv Gupta, the bench noted that there is no prohibition against reservation in promotion for persons with disabilities under the Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, 1995. According to the bench in Rajiv Gupta, the principle in Indra Sawhney et al. v. Union of India et al. – (1992) Supp. 3 SCC 215 against reservations in promotions does not apply to people with disabilities.
The Supreme Court noted in today’s decision that the Kerala Government had failed to follow the directions in Rajiv Gupta. As a result, the state was given orders to implement the orders in all positions within three months.