The Supreme Court has raised critical concerns over how reservation rules under the Rights of Persons with Disabilities (RPwD) Act, 2016 are applied, especially when candidates with disabilities score above the general category cut-off.
A Bench of Justices Vikram Nath and Sandeep Mehta pointed out that, under caste-based reservations, a reserved category candidate who clears the general cut-off is treated as a general category candidate. This “upward movement” ensures that the reserved seat remains available for another candidate from the same category.
However, the Court observed that persons with disabilities are often denied this benefit — even if they outperform the general cut-off. As a result, lower-scoring disabled candidates risk losing out on reserved seats, undermining the very intent of Section 34 of the RPwD Act.
Seeking clarity, the Court has directed the Union Government to explain what measures are in place to ensure that meritorious disabled candidates are counted as general category candidates — both in recruitment and promotions. The Centre has been given time until October 14, 2025 to respond.
In a significant step, the Court also asked eight National Law Universities — including those in Delhi, Bengaluru, Jodhpur, Kolkata, Patiala, Mumbai, Gauhati, and Lucknow — to monitor and report on the issue under a special program, “Project Accessibility Empowerment.” The report is expected within six months.
