Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Protection of Rights and Full Participation) Act 1995 – s. 33 – Rights of Persons with Disabilities Act Persons with Disabilities (Equal Opportunity 2016 – s. 34 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Rights of Persons with Disabilities Act, 2016 (49 of 2016) Persons with Disabilities (equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Persons with Disabilities (Equal Opportunity, Protection ofRights and Full Participation) Act, 1995 – s. 33 – Rights of Personswith Disabilities Act, 2016 – s. 34 – Reservation in promotion forperson with disabilities – Bank employee having post polio paralysisof limbs with 50% disability – Appeared for All India Merit Test, tosecure promotion to Class I post, however, fell short of qualifyingmarks by three marks – Representation for condonation of shortfall of marks, on par with SC/ST category but not considered – Writpetition by the employee – High Court directed the bank to applyreservation for persons with disabilities on the basis of total numberof vacancies appearing in direct recruitment quota as well as inpromotion quota in Group ‘A’ and Group ‘B’ posts respectively –Review petition filed by the employee since the High Court did notclarify the position on grace marks and his claim of qualification/seniority from the date of eligibility – Disposed of, without examiningthe merits – Held: PwD Act, 1995 not only mandated reservation inappointment but also contemplated reservation in promotion – PwDAct, 1995 did not contain any express provision mandatingreservation of posts for promotion to persons with disabilities servingin the feeder cadre though it is ordained that no promotion shall bedenied to a person merely on the ground of his disability – Mereabsence of an express mandate in requiring reservation in promotionfor persons with disabilities could not have been construed as notobliging the appropriate Government not to keep reserved vacancieson promotional posts – On facts, it was harsh to apply standardswhich are applicable to general candidates to the employee whilehe competed with such general candidates for securing hispromotion – Bank ought to have taken an informed decision in thisregard commensurate with the aspirations of persons with disabilities– Omission or failure of the Bank in condoning the shortfall inmarks coupled with the neglect to identify a Group ‘A’ post suitable for reservation to accommodate the employee on promotion isunjustifiable – In view thereof, issuance of direction to the Bank togrant promotion to the employee on the post of Assistant ManagerGrade-‘A’ – Service law – Constitution of India – Art 142. |
Judge | Hon'ble Mr. Justice Dipankar Datta |
Neutral Citation | 2023 INSC 613 |
Petitioner | Reserve Bank Of India & Ors. |
Respondent | A.k. Nair & Ors. |
SCR | [2023] 10 S.C.R. 775 |
Judgement Date | 2023-07-04 |
Case Number | 529 |
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