Denying upward mobility to candidates with disabilities defeats purpose of quota: SC, Pg10
Supreme Court questions Centre on denying upward mobility to meritorious disabled candidates, potentially violating Rights of Persons with Disabilities Act.
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.