SC directs Centre to issue instructions to implement Reservation in Promotions for persons with disabilities

Legal AI associate for drafting & compliance

The Supreme Court has directed the Central Government to issue instructions within a time period of 4 months in accordance with the proviso to Section 34 of the Right of Persons with Disabilities Act, 2016 for giving reservation in promotions to persons with disabilities.

Siddaraju v. State of Karnataka

Section 34 proviso of Right to Person with Disabilities Act, 2016 is read as:

“Provided that the reservation in promotion shall be in accordance with such instructions as are issued by the appropriate Government from time to time”

The direction was issued in a miscellaneous application filed by the Central Government seeking clarification on the judgment of Supreme Court in Siddaraju v. State of Karnataka wherein it was held that persons with disabilities have right to reservation on promotions.

The Bench of Justice L Nageshwar Rao, Justice BR Gavai and Justice Sanjiv Khanna observed that there are no ambiguities related to the judgment and directed the Central Government to issue instructions w.r.t. to the proviso to Section 34 of the Right to Person with Disabilities Act, 2016 for implementing reservation on promotions for persons with disabilities.

The court noted that 5 years have elapsed since the 2016 Act had come into force and the centre has not yet issued any instructions, to which the Advocate Solicitor General Madhavi Divan submitted that “the reason we are seeking clarification is so that our instructions do not become vulnerable.”

The court observed that there is no reason to issue any clarification to the Centre regarding the judgement.

Therefore the Apex Court disposed off the miscellaneous application and directed Central Government to issue instructions within 4 months from the date of the order.