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Supreme Court Demands Upward Movement for Meritorious PwD, Orders Nationwide Institutional Audit

The bench set an October 14 deadline for the Centre to detail corrective steps for recruitment and promotions affecting persons with disabilities.

Overview

  • A bench of Justices Vikram Nath and Sandeep Mehta held that refusing to migrate high-scoring disabled candidates to the unreserved list violates Section 34 of the RPwD Act and amounts to hostile discrimination.
  • The Court noted that keeping top-scoring persons with disabilities in reserved slots denies lower-scoring candidates rightful access to those reserved posts.
  • The Union government must explain by October 14 what measures ensure upward movement for meritorious PwD, with the Court clarifying that the same principle should govern promotions.
  • Under "Project Ability Empowerment," eight National Law Universities will monitor state-run institutions for persons with cognitive disabilities, with interim funding of ₹25 lakh per NLU and costs shared with states and the Department of Empowerment of Persons with Disabilities.
  • Monitoring will assess care, accessibility, staffing, resources, compliance and welfare access, with a consolidated report due in six months and the case listed for further hearing on March 13, 2026.