The Supreme Court asked the Centre about the measures being taken for the “upward movement” of meritorious people with disabilities (PwDs) candidates.
In particular, the bench, comprising Justices Vikram Nath and Sandeep Mehta, questioned why candidates who score above the general cut-off marks are given reserved seats for PwDs.
“We consider it appropriate to require the Union of India to explain whether appropriate measures have been taken to provide the upward movement of meritorious candidates applying against the post/s reserved for persons with disabilities, in case such candidates secure more than the cut-off for the unreserved category. The same principle must also be applied to promotions,” the court asked.
The court has given the Centre until October 14, 2025, to answer its query, terming the practice as discriminatory against PwDs. As per the bench, it has become imperative to address the societal discrimination faced by PwDs who are denied growth opportunities despite their merit.
“This practice defeats the very purpose of reservation and constitutes a glaring example of hostile discrimination. The principle of upward movement, available to candidates under social reservation categories, ensures that reserved seats go to those who truly need them. The denial of this principle to persons with disabilities deprives lower-scoring candidates with disabilities of their rightful opportunities,” the bench said.
As per the bench, candidates who meet the benchmark should automatically be shifted to the unreserved category, leaving the reserved seats for those who might have scored less in the evaluation process.
Additionally, the Supreme Court has directed eight national law universities, including the National Law School of India University (NLSIU), to monitor care institutions, whether state-run or private, that house people with cognitive disabilities.
NLSIU will cover the States of Karnataka, Kerala, Tamil Nadu, and Andhra Pradesh, as well as the Union Territories of Puducherry and the Lakshadweep Islands. The project has been termed a “Project Ability Empowerment.”
“The monitoring shall also extend to examining the implementation of the RPwD Act. The monitoring institutions shall commence their work within four weeks. A detailed consolidated report of the ‘Project Ability Empowerment’ shall be submitted within six months, with actionable recommendations for systemic reforms and transition toward community-based alternatives,” the bench stated.
