SIDDARAJU Vs. STATE OF KARNATAKA
LAWS(SC)-2020-1-119
SUPREME COURT OF INDIA
Decided on January 14,2020

SIDDARAJU Appellant
VERSUS
STATE OF KARNATAKA Respondents





Cited Judgements :-

STATE OF KERALA VS. LEESAMMA JOSEPH [LAWS(SC)-2021-6-11] [REFERRED TO]
SREEPARVATHY VS. COMMISSIONER OF ENTRANCE EXAMINATIONS [LAWS(KER)-2022-1-82] [REFERRED TO]
JOMY JOSEPH VS. STATE OF KERALA [LAWS(KER)-2022-3-95] [REFERRED TO]


JUDGEMENT

R.F.NARIMAN,J. - (1.)This batch of cases before the Court has come to us on a reference made by a Division Bench of this Court dated 03.02.2017. The reference order reads as follows:
"Delay condoned. Leave granted.

Question which has arisen in this case is whether persons, governed under "The persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995", can be given reservation in promotion. A view has been taken by this Court in Rajiv Kumar Gupta and Others v. Union of India and Others - (2016) 6 SCALE 417 in the affirmative.

Mr. Ranjit Kumar, learned Solicitor General, points out that the prohibition against reservation in promotion laid down by the majority in Indra Sawhney and Others v. Union of India and Others - (1992) Supp. 3 SCC 215 applies not only to Article 16(4) but also 16(1) of the Constitution of India and inference to the contrary is not justified.

Persons suffering from disability certainly require preferential treatment and such preferential treatment may also cover reservation in appointment but not reservation in promotion.

Section 33 of the 1995 Act is required to be read and construed in that background.

We find merit in the contention that the matter needs to be considered by the larger Bench.

Accordingly, we direct the matter be placed before Hon'ble the Chief Justice for appropriate orders.

Union of India is at liberty to file its affidavit within one week from today."

(2.)Parliament passed the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 being Act 1 of 1996. The statement of objects and reasons for the said Act states that a Conference held at Beijing, China, in December, 1992 had adopted the Proclamation on the Full Participation and Equality of People with Disabilities in the Asia and the Pacific region India being a signatory to the said proclamation found it necessary to enact a suitable legislation to provide for the special care that is necessary to remove discrimination against persons with disabilities and to make special provision for the integration of such persons into the social mainstream.
(3.)Section 2(i) of the said Act defines "disability" as follows:-
"(i) "disability" means --

(i) blindness;

(ii) low vision;

(iii) leprosy-cured;

(iv) hearing impairment;

(v) locomotor disability;

(vi) mental retardation;

(vii) mental illness;"

Section 2(t) defines "person with disability" as follows:-

"(t) "person with disability" means a person suffering from not less than forty per cent of any disability as certified by a medical authority;"

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