For reservation in promotion for persons with disabilities, Supreme Court directs Kerala to complete identification of posts

The Supreme Court in the case Anand KN & Ors v Biju Prabhakar & Ors recently observed the process of identification of posts for giving reservation in promotions for persons with disabilities and the court directed the state of Kerala to complete the process.

The Top Court asked the Union to file an affidavit informing the court about the decision taken for implementation of the directions issued by this Court in Siddharaju’s case. Further it was noted by the Court that while considering another contempt petition wherein it was contended that irrespective of succeeding before the Top Court he was not being considered for promotion in IAS.

Wherein the contempt petitioner’s counsel had argued that that the computation of vacancies wS not done in a proper manner and that the decision to be taken for providing reservations.

It was stated in the affidavit that 380 posts have been identified for the purpose of providing reservation to persons with disabilities and the State had informed that the process of identification of posts was going on, in the counter affidavit.

It was contended by the petition in the plea that the reservations for the promotions to civil posts in the State of Kerala have not been provided for persons with disabilities in spite of repeated directions issued by this Court.

The contentions raised by the petitioner in the plea was that The reason for his non consideration to IAS by selection from non-SCS category is that Government of India has not taken a decision to implement reservations in promotion and he has succeeded before this Court in spite of which he is not being considered for promotion to IAS. Ms. Aishwarya Bhati, learned Additional Solicitor General, submits that she will obtain instructions on the issue pertaining to implementation of reservations for disabled persons under the Persons with Disabilities Act, 1995.

The Union of India may file a affidavit informing the court about the decision taken for implementation for the directions issued by this court.

Where the Top Court had declared that persons with disabilities have right to reservation in promotions and the bench issued the directions in a contempt petition which was filed in the civil appeal.

The bench comprising of Justice LN Roa, Justice BR Gavai and the Justice AS Bopanna also asked the State to file a status report by 2nd week of July 2022.