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L. NAGESWARA RAO, SANJIV KHANNA, B. R. GAVAI
Siddaraju – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. clarification on previous judgment regarding reservations. (Para 1) |
| 2. details on issues for clarification requested. (Para 2) |
| 3. need for clarification on implementation instructions. (Para 3) |
| 4. opposition to the necessity for clarifications. (Para 4) |
| 5. court's opinion on clarity and direction to issue instructions. (Para 5) |
| 6. disposition of the miscellaneous application. (Para 6) |
ORDER :
1. The correctness of the judgment of this Court in Rajeev Kumar Gupta & Ors. v. Union of India & Ors. , (2016) 13 SCC 153 was raised by Union of India before a Division Bench of this Court. In Rajeev Kumar Gupta & Ors. v. Union of India & Ors. (supra), this Court held that persons with disabilities are entitled for reservation in promotions. The matter was referred to a larger Bench for considering the issues raised by the Union of India. After a detailed consideration of the judgments of this Court in Union of India & Anr. v. National Federation of the Blind & Ors. , (2013) 10 SCC 772 , National Federation of the Blind v. Sanjay Kothari, Secretary Department of Personnel and Training , (2015) 9 SCALE 611 and Rajeev Kumar Gupta & Ors. v. Union of India & Ors. (supra), this Court
Reservation in promotion for Persons with Disabilities requires identification of suitable posts; without such identification, no legal right to promotion exists.
(1) Total number of vacancies in cadre strength would include vacancies to be filled in by nomination as well as by promotion.(2) Absence of rules to provide for reservation in promotion would not de....
Only in those cases that the Government is of the view that the posts in the promotional cadres cannot be reserved for the PwD category due to functional or other reasons, the same cannot be used as ....
The court ruled that review petitions do not permit a re-examination of previously decided issues unless there is an error apparent on record, reinforcing the limited scope of review under civil proc....
Persons with disabilities are entitled to promotion under the Disabilities Act, 2016, and must be considered for such promotions as per the law.
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