Denying upward mobility to candidates with disabilities defeats purpose of quota: SC, Pg10

Key Highlights:

• The Supreme Court has directed the Central Government to clarify measures for upward mobility of talented candidates with disabilities who qualify in the unreserved category.
• The court seeks details on steps taken to ensure these candidates are not restricted to reserved seats, potentially denying opportunities to other candidates with disabilities.
• The direction was issued in a judgment by a Bench of Justices Vikram Nath and Sandeep Mehta, with a response due by October 14.
• The court emphasized that denying upward mobility defeats the purpose of reservation under Section 34 of the Rights of Persons with Disabilities Act.

Detailed Insights:

• The court observed that candidates with disabilities are often restricted to reserved seats even when they score higher than the cut-off for the unreserved category.
• This practice can lead to a situation where a higher-scoring candidate with a disability occupies a reserved seat, preventing a lower-scoring candidate with a disability from accessing that opportunity.
• The Supreme Court drew a parallel with meritorious candidates from backward classes, who are moved to the unreserved category, creating opportunities for others in their category.
• The court stressed that the objective of reservation is to integrate people with disabilities into the mainstream and provide equal opportunities.
• The judgment highlights the need to recognize disability not as a deficit, but as a perspective that reveals whether legal and social frameworks embrace diversity or create barriers.

Key Concepts Involved:

• Reservation: A policy of setting aside a percentage of seats in educational institutions, jobs, etc., for specific groups.
• Rights of Persons with Disabilities Act: Indian legislation enacted to protect the rights and ensure the participation of persons with disabilities in society.
• Upward Mobility: The ability to move to a higher social or economic class.