Promotion quotas for the disabled

Subject – Governance

Context – Deadline for promotion quotas for the disabled

Concept –

The Supreme Court on Tuesday asked the Centre to issue instructions “at the earliest and not later than four months” for giving reservation in promotions to persons with disabilities (PwDs).
Section 34 of the Rights of Persons with Disabilities Act, 2016, provides 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 …”
In January 14, 2020 judgment, apex court confirmed that PwDs have a right to reservation in promotions. The judgement is famously known as Siddaraju v/s State of Karnataka.

About Siddaraju v/s State of Karnataka case

In the case of Siddaraju v/s State of Karnataka, the Supreme Court affirmed the Reservation of Persons with Disability (PWDs) under the Rights of Persons with Disabilities Act, 2016. In the given case, the decision given under Indra Sawhney’s Case was reconsidered.
The Court was of the view that the basis for providing reservation for PWD is a physical disability and not any of the criteria forbidden under article 16(1).
Further, the reservation of persons with disability has nothing to do with 50% ceiling. Therefore, the rule of no reservation promotions as laid down in Indra Sawhney has clearly and normatively no application to persons with disability.

To know about Rights of Persons with Disabilities Act 2016, please click here.