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RESERVATION IN PROMOTION IN ALL GOVERNMENT JOBS

The Supreme Court, recently in the case of Siddaraju vs. State of Karnataka, decided on 14.01.2020 held that persons with disabilities are entitled for reservation in promotion in all government jobs irrespective of whether they are appointed through direct recruitment or promotion. The Hon’ble Supreme Court upheld its earlier judgement in Rajiv Kumar Gupta and Ors. vs. Union of India and Ors. that had been decided on 30.06.2016 on providing reservation in promotion to persons with disabilities.

In the Siddraju case, a batch of cases having a similar issue was referred to a larger bench by the division bench of the Supreme Court on 03.02.2017. The bench was tasked to re-examine the Rajiv Kumar Gupta judgement. It was further held that the rule- ‘no reservation in promotion’, as laid down in Indra Sawhney and Ors vs. Union of India and Ors., decided on 16.11.1992 was not applicable with respect to persons with disabilities.

Additionally, the Supreme Court stated that the rule- ‘no reservation in promotion’, was laid down with reference to backward class and hence had no connection with providing reservation in promotion to persons with disabilities. The Court held that the basis for providing reservation for persons with disabilities is physical disability and not any of the other criteria forbidden under Article 16 of the Constitution hence, they are entitled for reservation in promotion.

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