Meritorious PWD Candidates Entitled to 'Upward Movement' to Unreserved Category; SC Establishes 'Project Ability Empowerment' for Nationwide Monitoring of Care Homes: Supreme Court - 2025-09-12

Supreme Court Launches "Project Ability Empowerment" for Nationwide Audit of Disability Care Homes, Questions Denial of 'Upward Migration' for Meritorious PWD Candidates

New Delhi: In a landmark judgment addressing decades of systemic failure in implementing disability rights, the Supreme Court has established "Project Ability Empowerment," a nationwide monitoring exercise led by eight National Law Universities (NLUs) to audit all care institutions for persons with cognitive disabilities. A bench of Justices Vikram Nath and Sandeep Mehta also took critical notice of the denial of "upward movement" for meritorious candidates with disabilities in employment and promotions, directing the Union of India to explain this discriminatory practice.

The Court's decision came while hearing two long-pending cases: a 1998 writ petition on the implementation of disability law and a civil appeal arising from the "pitiable and pathetic" conditions at the Asha Kiran state-run home in Delhi.

Background of the Litigation

The legal battle began in 1998 with a writ petition filed by the Justice Sunanda Bhandare Foundation seeking the effective implementation of the Persons with Disabilities Act, 1995. A subsequent case, brought by appellant Reena Banerjee, highlighted severe issues at the Asha Kiran care institution, including overcrowding, inadequate medical care, and abuse.

Over the years, despite multiple court orders, the bench noted a "lackadaisical approach" and "cavalier attitude" from most State Governments and Union Territories in complying with the legal framework, now governed by the Rights of Persons with Disabilities (RPwD) Act, 2016.

Court's Jurisprudential Stance: A Litmus Test for Democracy

Justice Mehta, writing for the bench, framed disability rights not as a medical issue but as a "fundamental aspect of human diversity" and a "litmus test for constitutional democracy." The judgment emphasized that accessibility and reasonable accommodation are not mere technicalities but fundamental constitutional principles.

"When legal systems treat disability as a medical problem requiring accommodation rather than a form of human diversity deserving equal participation, they expose their own weaknesses and limitations," the Court observed.

The bench held that the failure to ensure accessibility in public spaces, education, and employment transforms constitutional guarantees of equality into "hollow promises."

Key Directives: "Project Ability Empowerment"

Finding the compliance reports from states wholly inadequate, the Supreme Court initiated a comprehensive, independent monitoring mechanism.

• Nationwide Monitoring: A project named "Project Ability Empowerment" has been created to conduct an extensive audit of all state-run and private institutions housing persons with cognitive disabilities.
• Role of NLUs: Eight National Law Universities across the country have been designated to lead the monitoring in specific zones, in conjunction with an expert advisory panel.
• Comprehensive Scope: The audit will cover resident profiling, individual care plans, healthcare services, accessibility of infrastructure, educational and vocational opportunities, grievance redressal mechanisms, and staff adequacy. The teams will also assess the status of Aadhaar enrollment to ensure residents can access welfare schemes.
• Funding and Support: The Court directed the Union and State governments to provide financial and logistical support, allocating an interim fund of ₹25 lakhs to each NLU to commence the project. A consolidated report with actionable recommendations is to be submitted within six months.

Reservation and the Principle of Upward Movement

The Court addressed a critical issue of "grave discrimination" in public employment, where meritorious candidates with disabilities are denied the benefit of upward migration.

Currently, if a candidate with a disability scores higher than the cut-off for the unreserved (general) category, they are still appointed against a reserved PWD seat. This practice prevents a lower-scoring PWD candidate from getting that reserved post, thereby defeating the purpose of reservation. The Court noted that candidates from other reserved categories (like SC/ST/OBC) are migrated to the unreserved list in such scenarios, a principle affirmed in the Indra Sawhney case.

"This defeats the very purpose of reservation under Section 34 of the RPwD Act and constitutes a glaring example of hostile discrimination against persons with disabilities and requires urgent rectification," the Court stated.

The bench has directed the Union of India to submit its response on this issue by October 14, 2025, explaining why this principle is not applied to persons with disabilities for both recruitment and promotions.

Conclusion and Implications

This judgment marks a significant step towards enforcing the substantive equality promised by the Constitution and the RPwD Act. By establishing an independent monitoring mechanism and directly tackling a discriminatory anomaly in the reservation policy, the Supreme Court has signaled a zero-tolerance approach to continued governmental apathy. The findings of "Project Ability Empowerment" are expected to pave the way for systemic reforms, moving away from institutionalization towards a community-based, rights-focused model of care and support for persons with disabilities.

The matter is scheduled to be heard next on March 13, 2026, for the submission of the consolidated report.