Persons with Disabilities have Right to Reservations in Promotions: Supreme Court
As we have seen that on Monday 28 th June 2021 the supreme court has said that the person who is with a physical disability had the full right to reservation in the promotions.
The appeal has been dismissed by the Hon’ble Justice Sanjay Krishan Kaul and Hon’ble Justice R Subhash Reddy which was filed by the state of Kerala and was against the Kerala HC judgment. According to the bench, the judgment of the high court is salutary and this does not require any interference in their judgment. And after that, the court has directed the Kerala government that to implement the reservation in promotion within three months for the physically disabled people. So that they can get promotions as normal people.
So, the bench has relied on the case of the Siddharaja vs the state of Kerala. It was held that the rule of no reservation in promotions as mentioned in the Indira Sawhney case would not apply to persons with disabilities.
A plea has been considered by the court in the Siddharju case to review the which was taken in the particular case of Rajiv Kumar Gupta and ores. Vs. Union of India’s &ors. So now as we see, there was no such prohibition put on the reservation in the promotion of physically disabled people in the Rajiv Gupta case. The court further held that principles Laid down in the Indira Sawhney case would not apply to persons. And later then this view was upheld by the court in the Siddharaju case.
In this given case it was remarked by the supreme court that the Kerala government had not implemented whatever direction has been issued in the case of the Rajiv Gupta. While we were considering the case the high court Siddharaja case guidelines set aside the Kerala administrative tribunals' decision to dismiss the petition's claim means they were claimed that the physically disabled people should get the reservations in the promotions so this was dismissed by the court.