Disabled will continue to get reservation in promotion, Kerala government’s application rejected in Supreme Court

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New Delhi
In its important decision, it has been said that those who are physically disabled and fall in the category of disability, they have the right to get it. The Supreme Court dismissed the Kerala government’s application challenging the Kerala High Court’s decision. The Kerala High Court had said that a physically challenged person has the right to get reservation in promotion. Supreme Court Justice SK Kaul and Justice RS Reddy in their judgment said that the Kerala High Court’s decision is correct and there is no need to interfere in it. is not. The Supreme Court, while rejecting the Kerala government’s application, said that a physically challenged person has the right to get reservation in promotion. The Supreme Court has asked the state government to give reservation in promotion to the physically challenged within three months. The Supreme Court said that the three-judge bench of the apex court referred to the January 2020 verdict in its order. The court said that the Constitutional Bench of the Supreme Court in the Indira Sawhney Judgment had ruled that reservation in promotion would not be available, but it would not apply to the physically challenged. That is, there is no bar on giving reservation in promotion to a physically challenged person. A three-judge bench of the Supreme Court last year in the Rajiv Gupta case had held that a physically challenged person is protected under the 1995 Act and there is no bar on reservation in his promotion. The principle of prohibition of reservation in promotion of Indira Sawhney Judgment does not apply to physically challenged persons. The Supreme Court had said that a physically challenged person has the right to reservation in promotion. The Supreme Court on Monday referred to the apex court’s decision last year and dismissed the Kerala government’s application.

[Attribution to NBT]

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