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Supreme Court Cracks the Whip: Meritorious Disabled Candidates Get Green Light for General Seats
In a strongly worded order, the , comprising Justices Vikram Nath and Sandeep Mehta, has endorsed the "" policy for , ensuring those who outperform general cut-offs on merit secure unreserved vacancies. The bench also slammed persistent delays in appointing and ordered to rigorously monitor implementation nationwide. This comes in ongoing proceedings from Writ Petition (Civil) No. 116 of 1998 by against , linked with Civil Appeal No. 11938 of 2016.
: A Saga of State Foot-Dragging Finally Nearing End
The roots trace back to a judgment directing States and Union Territories (UTs) to appoint for coordinating RPwD Act enforcement, aiding under "Project Ability Empowerment." By , 17 jurisdictions—including Kerala, Jharkhand, Odisha, and several UTs like Delhi and Lakshadweep—remained non-compliant after seven months, prompting the Court to express "" at this "" undermining vulnerable rights.
On , highlighted partial progress: Chhattisgarh, Meghalaya, and others complied, with most holdouts like Kerala and Telangana appointing officers in April. Only Lakshadweep and Ladakh lagged, granted a final deadline of , with Advocates-on-Record tasked for follow-up.
Upward Mobility Unlocked: PwBD Merit Triumphs Over Reservation Rigidity
A key victory emerged on reservation clarifications. The Court had queried in 2025 whether meritorious PwBD candidates scoring above unreserved cut-offs could claim general seats—flagging denials as defeating the RPwD Act's inclusion ethos. , via a affidavit overlooked earlier, cited Office Memoranda (, ) affirming: PwBD selected on "" (sans relaxed standards like cut-offs or age) adjust to unreserved vacancies, not PwBD quota. Relaxations like scribes don't count as such; even medical fitness ignores disability as a relaxation.
The bench endorsed this, noting across categories preserves quota efficacy while rewarding merit. As LiveLaw reported, this aligns with constitutional equality, dignity, and inclusion mandates.
Eight Years On, RPwD Act Compliance Remains a Pipe Dream
Petitioners' status report painted a grim picture: despite directions post-RPwD Act enactment (replacing 1995 law), States/UTs falter on institutions like State Disability Funds, accessibility, and rights enforcement. Monitoring via "Project Ability Empowerment" yielded scant progress.
With mostly in place, the Court pivoted: Eight will conduct "" of compliance, including mechanisms, enforcement, and accessibility. maps Union-level adherence, backed by a Joint Secretary from . Chief Secretaries and Registrars get copies for urgency.
Court's Directive: NLUs Step Up, Next Hearing in September
Key Observations:
"Meritorious candidates belonging to the PwBD category are entitled to be considered against unreserved vacancies on the basis of their , while preserving the efficacy and purpose of reservation."
"We exhort the , as well as all States and Union Territories, to scrupulously adhere to and implement the policy of in its ."
"Such monitoring shall not be merely formal but must involve a of compliance with statutory mandates."
The matter lists , for NLU reports. This order not only clarifies promotion/recruitment equity but institutionalizes oversight, potentially accelerating RPwD Act realization. For meritorious PwBD, it's a clear path upward; for laggard administrations, a stern accountability call.
