
*Persons With Disabilities Have Right To Reservation In Promotions : Supreme Court* The Supreme Court directed the Kerala Government to implement reservation in promotion for disabled within 3 months. The bench followed a judgment delivered by a 3-judge bench in January 2020 in the case Siddaraju vs. State of Karnataka which held that the rule of no reservation in promotions as laid down in Indra Sawhney case has no application to Persons With Disability (PWD).In Siddaraju, a bench comprising Justices RF Nariman, V Ramasubramanian and Aniruddha Bose was considering a reference which doubted a view taken in Rajiv Kumar Gupta & Others v. Union of India & Others – (2016) 6 SCALE 417. The bench in Rajiv Gupta, in the context of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 had noted that there is no prohibition against reservation in promotion for Persons With Disabilities. The bench in Rajiv Gupta said that the principle in Indra Sawhney & Others v. Union of India & Others – (1992) Supp. 3 SCC 215 against reservation in promotions will not extend to PWDs.