Persons with disabilities have right to reservation in promotion: Supreme Court

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Part of: GS Prelims and GS -II – Judiciary; Rights and duties

In news

SC ruled that a disabled person can avail the benefit of reservation for promotion even if he or she was recruited in the regular category or developed the disability after gaining employment.
The 1995 Act (Persons with Disabilities Act of 1995) does not make a distinction between a person who may have entered service on account of disability and a person who may have acquired disability after having entered the service.
1995 Act recognises the right to reservation in promotion

The background of Reservation in promotion

In the Indira Sawhney case (1992), SC held that the reservation policy cannot be extended to promotions.
However, the 77th Constitutional Amendment inserted clause 4A in article 16 and restored provision of reservations in promotions.
In Nagaraj judgement (2006), Court laid down three controlling conditions that the state must meet prior to granting SC/ST a reservation in promotion:
- state must show that backwardness of the class
- class is inadequately represented in position or service
- reservations are in the interest of Administrative efficiency
In Jarnail Singh case (2018), it struck down the demonstration of backwardness provision from Nagaraj judgement.

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