Why are disabled persons who make open category cut-off not treated as general candidates? Supreme Court asks Centre

The Supreme Court on Friday flagged concern that persons with disabilities (PWD) who make the cut-off for general category candidates in public educational or employment opportunities continue to be treated as reserved category candidates [Justice Sunanda Bhandare Foundation v. Union of India].

A Bench of Justices Vikram Nath and Sandeep Mehta noted that by refusing to treat such candidates as general category candidates or denying them upward movement in the rank list, lower-scoring persons with disabilities may lose out on reserved seats.

The Court noted that when it comes to caste-based reservations, eligible candidates who make the general category cut-off are also treated as part of the general category, instead of being recruited against a reserved seat. This means that another lower-scoring candidate from a reserved caste may still have a chance at getting recruited against such a reserved seat.

"We are informed that it is a matter of concern that the same treatment, that is, the upward movement, is not provided to persons with disabilities who, in spite of standing higher in merit, are denied such upward movement (in the rank list)," the Court noted today.

It added that this would defeat the purpose of reservations under Section 34 of the Rights of Persons with Disabilities Act, 2016 (RPWD Act).

The Court, therefore, ordered the Central government to inform it about the steps it has taken to address this issue.

"We require the Union to explain whether appropriate measures have been taken to provide upward movement of meritorious candidates applying against the post reserved for persons with disability, in case such candidate secures more than cut-off for the unreserved category. The same principle must also be applied to promotions. Such considerations must be guided by the overarching aim that the true and substantive benefit of reservations reaches those most in need, ensuring that no person with disability is ignored for his rightful claim to the posts invariably due to the compounded barriers of stigma and lack of access."

It added that such an exercise is to be taken keeping in view the Constitutional promise of equality, dignity and inclusion, ensuring that the benefit of reservations are not diluted nor denied to those who genuinely require it.

The Central government has been ordered to place its response before the Court by October 14.

The order was passed in a long-pending plea seeking the effective enforcement of the RPWD Act.

Notably, the Court today also asked eight National Law Universities (NLUs) to assist with the monitoring of certain issues flagged by it in the matter. This monitoring activity is to be undertaken under the name of Project Accessibility Empowerment.

To ensure that logistics that are part of the exercise are properly managed, the NLUs in Delhi, Bengaluru, Jodhpur, Kolkata, Patiala, Mumbai, Gauhati and Lucknow have been asked to assist.

A report on the same is to be placed before the Court in six months. This aspect of the matter will be heard next in March 2026.