The Supreme Court has directed the Union government, States and Union Territories to strictly implement the policy of ‘upward movement’ for Persons with Benchmark Disabilities (PwBD), under which candidates securing marks above the general category cut-off on their own merit must be adjusted against unreserved vacancies instead of being counted within the reserved disability quota.
The Bench of Justice Vikram Nath and Justice Sandeep Mehta took note of executive instructions issued by the Union government to ensure the appointment and promotion of PwBD candidates based on their own merit. Noting that the policy framework adequately protected the rights of meritorious disabled candidates while preserving the effectiveness of horizontal reservation under the Rights of Persons with Disabilities (RPwD) Act, 2016, the Court directed that the policy be implemented in its true letter and spirit.
The issue had earlier come up before the Court in September 2025, when concerns were raised over the denial of general category seats to persons with disabilities despite their securing marks above the unreserved category cut-off. It had then observed that such an approach defeated the purpose of the RPwD Act and sought clarification from the Union government on whether adequate steps had been taken to ensure upward movement for deserving PwBD candidates.
During the latest hearing, the Centre referred to the Office Memoranda issued by the Department of Personnel and Training in 2018 and 2022. These instructions clarified that a PwBD candidate selected on his or her own merit, without availing relaxed standards, must be adjusted against unreserved vacancies and not against vacancies reserved for PwBD candidates. Candidates availing relaxed standards, however, were required to be adjusted against reserved vacancies.
The Bench noted that these executive instructions applied to both direct recruitment and promotions, including seniority-cum-fitness and selection-based promotions. It further clarified that relaxations in cut-off marks, age limits or the number of attempts would amount to relaxed standards, whereas provision of a scribe or compensatory time would not be treated as a relaxation.
The Union government also clarified that a candidate’s disability itself could not be treated as a relaxed standard while assessing his/her own merit in medical fitness tests. The affidavit filed before the Court stated that reservation for PwBD candidates operated horizontally across categories and that the principle of own merit ensured deserving candidates were not denied their rightful placement while preserving reservation benefits for candidates requiring concessions.
Taking note of the policy framework, the Court observed that the Union government had adequately addressed the concerns raised earlier regarding the upward movement of PwBD candidates. It held that candidates belonging to the PwBD category who secure selection on their own merit are entitled to be considered against unreserved vacancies, while the object and efficacy of reservation continue to remain protected.
The Bench directed the Union, States and Union Territories to strictly implement the upward movement policy in accordance with the constitutional mandate of equality, dignity and inclusion for persons with disabilities (PwDs). At the same time, the Court expressed concern over inadequate implementation of the Rights of Persons with Disabilities Act (RPwD), 2016, observing that even after eight years of the legislation coming into force, compliance by several States and Union Territories remained deficient.
Since most States and Union Territories have now appointed nodal officers, the Court directed the eight National Law Universities (NLUs) entrusted with Project Ability Empowerment to continue assessing the implementation of the Act. The task of evaluating compliance by the Union government was assigned to NLU, Delhi.
The Bench emphasised that such monitoring should not remain a mere formality but must involve substantive evaluation of compliance with statutory obligations, including the creation of institutional mechanisms, enforcement of rights and accessibility measures. It further directed the authorities and nodal officers to fully cooperate with the exercise, observing that the appointment of nodal officers would provide the institutional framework necessary for collection of accurate data and addressing implementation gaps.
Additionally, the Court granted a final opportunity to the Union Territories of Lakshadweep and Ladakh to appoint nodal officers in compliance with earlier directions concerning implementation of the RPwD Act and listed the matter for September 22, 2026, for submission of updated status reports by NLUs.
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