Implement order for quota in promotion for disabled: SC tells government

The Centre has been told to pass the order in 'not more than four months'

The Supreme Court on Tuesday directed the Union government to grant reservation in promotions to persons with disabilities as per the 2016 law.

A bench of Justices L Nageswara Rao, B R Gavai and Sanjiv Khanna told the Centre to pass directions in this regard “at the earliest and not later than four months”.

The top court was dealing with an application filed by the Centre for clarification on January 14, 2020 judgement passed in Siddaraju vs State of Karnataka which declared that persons with disabilities have the right to reservation in promotions under the Right of Persons with Disabilities Act, 2016.

After hearing arguments by Additional Solicitor General Madhavi Divan, senior advocate Jayna Kothari and others, the court said that there were no ambiguities in the judgements of Siddaraju and others related to the proviso to Section 34 of the 2016 Act.

The law officer contended that the government required clarification as widespread application of reservation in promotion for persons with disabilities across the board would cause several practical problems. She said the principles of merit, efficiency and adequacy of representation must be taken into account before extending the benefit of reservation in promotion across the board.

The counsel for the other side, however, claimed the plea by the government was intended to dilute the judgement.

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