Can PwD candidates with higher merit move up in unreserved category? SC asks Union to explain

The Supreme Court has asked the Union of India to explain whether appropriate measures have been taken to provide the upward movement of meritorious candidates applying against the post/s reserved for persons with disabilities, in case such candidate secures more than the cut-off for the unreserved category.

Stating that the same principle must also be applied to promotions, a bench comprising Justices Vikram Nath and Sandeep Mehta has said, "Such consideration 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 from his rightful claim to the post, merely due to the compounded barriers of poverty, stigma, and lack of access. Such an exercise must be undertaken keeping in view the constitutional promise of equality, dignity, and inclusion, and ensuring that the benefits of reservation are neither diluted nor denied to those who genuinely require them".

The response to this query is directed to be placed on record by the Union of India on 14th October, 2025.

This query has been raised by the Supreme Court in its judgment appointing National Law Universities throughout the country to undertake a nationwide monitoring of all care institutions housing persons with cognitive disabilities.

In attempting to make a positive interpretation of ‘reservation’ as provided under Section 34 of the Rights of Persons with Disabilities Act which mandates reservation in employment for persons with disabilities, the court has said, "It must be recognised that a considerable segment of persons with disabilities remains historically and structurally deprived of opportunities, trapped behind layers of social, economic, and institutional barriers, and it is they who must be placed at the centre of the constitutional promise".

In furtherance of the objective of Section 34, the Supreme Court has addressed a very important facet of reservation to the persons with disabilities and the grave discrimination being faced by them, as they are the ones who have been deprived by providence, as against the persons who, face discrimination arising from the societal set up.

"The latter category of persons is entitled to social reservation under Article 16(4) of the Constitution of India, which provides an upward movement in case the person belonging to such reserved category performs well in the evaluation process and stands higher in merit above the cut-off for the unreserved category. Such a meritorious candidate would automatically move up to the unreserved category, thereby leaving the reserved seat vacant to be occupied by a candidate from the reserved category who scored less in the evaluation process", the top court has noted.

Court was told that the same treatment is not provided to persons with disabilities protected under the RPwD Act, who, in spite of standing higher in merit, are denied such upward movement.

"The direct consequence of not providing upward movement to the meritorious candidate(s) applying under the category of persons with disabilities would be that even when a candidate with disability scores higher than the cut-off for the unreserved category, such a candidate would invariably occupy the reserved seat, thereby denying the opportunity to a lower scoring candidate with disability to make a claim on the seat/post. In our view, this defeats the very purpose of reservation under Section 34 of the RPwD Act and constitutes a glaring example of hostile discrimination against persons with disabilities and requires urgent rectification", the bench has said while seeking a response from the Union government.

The court has also relied on M. Nagaraj v. Union of India wherein it was held that the principle of upward movement, whereby a meritorious reserved category candidate securing marks above the general cut-off is migrated to the unreserved list, ensures both fairness and the effective utilisation of reservations.

Case Title: JUSTICE SUNANDA BHANDARE FOUNDATION vs. U.O.I.

Judgment Date: September 12, 2025

Bench: Justices Vikram Nath and Sandeep Mehta