THE SC DIRECTED THE CENTRE TO ISSUE AN INSTRUCTION FOR RESERVATION OF THE PERSON WITH A DISABILITY IN PROMOTIONS

The Top Court directed the centre to issue instructions in accordance with the Disabilities Act, 2016, for giving reservations in promotions to persons with disabilities at the earliest and not later than four months.

The bench of Justices L Nageswara Rao, B.R.Gavai, and Sanjiv Khanna issued the order in a Miscellaneous Application filed by the Central Government seeking interpretation of judgment in Siddaraju vs the State of Karnataka that a person with disabilities will have the right to reservation in promotions. To which, the SC bench said there are no vaguenesses in the judgment and hence issued instructions.

Advocate Rajan Mani, appearing for a few of the respondents, argued that it had been 5 years since the Act had come into force, but no provision for section 34 of the Act had been issued. The present petition is another attempt to delay and dilute the judgment. 

Considering the argument, Justice Nageswara Rao asked the ASG whether the Centre has issued any instruction for the reservation as per the terms of Section 34 of the Right of Persons with Disabilities Act, 2016? To which ASG Madhavi Divan replied that the centre had not issued any instruction due to certain necessary clarifications. 

The bench disposed of the Mis Application as the applicants failed to show merit in the application and hence directed UOI to issue instruction not later than 4 months from the date of the order.

Author: Papiha Ghoshal