SC flags hostile discrimination against persons with disabilities

New Delhi, Sep 12 (PTI) Flagging the hostile discrimination against persons with disabilities in employment, the Supreme Court on Friday asked the Centre whether measures were taken to provide "upward movement" of such meritorious candidates if they secured more than the cut-off for the unreserved category.

The apex court also directed a nationwide monitoring of all state-run care institutions housing persons with cognitive disabilities to be undertaken under the name and style of "Project Ability Empowerment" by eight National Law Universities (NLU).

A bench of Justices Vikram Nath and Sandeep Mehta delivered its verdict on the pleas seeking judicial intervention for addressing the systemic barriers faced by persons with disabilities and ensuring enforcement of statutory safeguards.

The bench dealt with the aspect of reservation under the Rights of Persons with Disabilities Act (RPwD), 2016, and said it was imperative to make a positive interpretation of "reservation" as provided under Section 34 of the Act.

Section 34 of the Act deals with reservation in employment for persons with disabilities.

The bench referred to an important facet of reservation to persons with disabilities and the grave discrimination being faced by them, as against those who face discrimination as a result of a societal setup.

"The latter category of persons is entitled to social reservation under Article 16(4) of the Constitution of India, which provides an upward movement in case the person belonging to such reserved category performs well in the evaluation process and stands higher in merit above the cut-off for the unreserved category," the bench said in its 65-page verdict.

It noted such a meritorious candidate would automatically move up to the unreserved category, leaving the reserved seat vacant to be occupied by a candidate from the reserved category who scored less in the evaluation process.

"However, we are informed and it is a matter of grave concern that the same treatment is not provided to persons with disabilities protected under the RPwD Act, who, in spite of standing higher in merit, are denied such upward movement," it said.

The bench said this defeats the very purpose of reservation under Section 34 of the Act and "constitutes a glaring example of hostile discrimination against persons with disabilities and requires urgent rectification".

It noted the principle of upward movement stipulates a meritorious reserved category candidate securing marks above the general cut-off to be migrated to the unreserved list.

The bench said unfortunately, persons with disabilities were presently not given the benefit of upward movement.

"Having regard to the above, 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 candidate secures more than the cut-off for the unreserved category," the bench said.

It said the same principle must also be applied to promotions.

The bench said such consideration must be guided by the overarching aim that the true and substantive benefit of reservations reaches those most in need, ensuring that no person with disability was ignored from his rightful claim to the post, merely due to compounded barriers of poverty, stigma, and lack of access.

"Such an exercise must be undertaken keeping in view the constitutional promise of equality, dignity, and inclusion, and ensuring that the benefits of reservation are neither diluted nor denied to those who genuinely require them," it said.

The top court asked the Centre to respond to its query by October 14.

On the issue of monitoring of all state-run care institutions housing persons with cognitive disabilities, the bench said the monitoring be undertaken by the eight NLUs, including the National Law School of India University, Bengaluru, and NLU Delhi.

The monitoring should also extend to examining the implementation of the RPwD Act, it added.

The bench said the advisory group expert panel and the NLUs conducting the exercise should pay particular attention to certain key areas like resident profiling, care and rehabilitation, accessibility, infrastructure and education, rights, protection and compliance, staffing, resources and institutional accountability and documentation and welfare access.

"The above key areas are not exhaustive but indicative of the minimum areas of inquiry required," it said.

The bench directed all states, union territories and others to provide logistical and administrative support to the monitoring teams.

It directed that all expenses incurred by the monitoring teams of NLUs in the course of preparing and submitting their reports be borne in equal proportion by the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, and the social justice department of the states and UTs.

The bench asked the Centre to provide an interim project fund of Rs 25 lakh each to the eight NLUs.

A detailed consolidated report of the "Project Ability Empowerment" was directed be submitted within six months, with actionable recommendations for systemic reforms and transition toward community-based alternatives.

The bench posted the matter for March 13, 2026. PTI ABA ABA AMK AMK