The Supreme Court asked the Union, States and Union Territories to implement the policy of “upward movement” for meritorious Persons with Benchmark Disabilities in letter and spirit.
The Supreme Court has called upon the Union Government, States and Union Territories to strictly follow the policy of “upward movement” for Persons with Benchmark Disabilities.
A Bench of Justice Vikram Nath and Justice Sandeep Mehta passed the order.
Under this policy, a PwBD candidate who scores above the general category cut-off must be considered against unreserved vacancies. This applies when the candidate qualifies on merit without using relaxed standards.
Therefore, authorities cannot count such candidates against the quota reserved for PwBD candidates.
Union Refers To DoPT Office Memoranda
The Court noted that the Union Government had already issued executive instructions on this issue.
During the hearing, the Union placed before the Court Office Memoranda issued by the Department of Personnel and Training in 2018 and 2022.
These memoranda clarify the rule on merit-based adjustment.
A PwBD candidate selected on merit, without relaxed standards, must be adjusted against unreserved vacancies.
However, candidates who use relaxed standards must be adjusted against reserved vacancies.
Policy Applies To Recruitment And Promotion
The Supreme Court also noted that the policy applies to both direct recruitment and promotion.
It covers promotions based on seniority-cum-fitness. It also covers selection-based promotions.
The instructions also explain what amounts to relaxed standards.
Relaxation in cut-off marks, age and number of attempts will count as relaxed standards.
However, a scribe or compensatory time will not count as a relaxed standard.
The Union also clarified that disability itself will not be treated as a relaxed standard in the medical fitness test.
Court Says Policy Protects Merit And Reservation
After examining the policy, the Supreme Court accepted the Union’s position.
The Court said that meritorious PwBD candidates must get consideration against unreserved vacancies if they qualify on their own merit.
At the same time, the Court said this approach protects the purpose of reservation.
The Court observed that the policy preserves reservation while allowing meritorious PwBD candidates to move to unreserved seats.
It further said that the Union, States and Union Territories must implement the policy in its true spirit.
The Court added that the policy advances the constitutional values of equality, dignity and inclusion for persons with disabilities.
Earlier Concern Over Denial Of General Category Seats
In September 2025, the Supreme Court had raised concern over denial of general category seats to persons with disabilities.
The issue involved PwD candidates who scored above the unreserved category cut-off.
The Court had said that denying such candidates upward movement would defeat the object of the Rights of Persons with Disabilities Act, 2016.
Therefore, it asked the Union Government to clarify whether it had taken steps to ensure upward movement for such candidates.
Court Flags Lapses In RPwD Act Implementation
The Supreme Court also noted gaps in the implementation of the Rights of Persons with Disabilities Act, 2016.
The Court said that compliance by States and Union Territories remained “elusive,” even after eight years of the Act.
Since most States and Union Territories had appointed nodal officers, the Court issued further directions.
It directed the eight National Law Universities under Project Ability Empowerment to continue assessing implementation of the Act.
The Court assigned the task of assessing Union-level compliance to NLU Delhi.
The Bench also said that monitoring must not remain a formal exercise. Instead, it must involve real evaluation of statutory compliance.
This evaluation must cover institutional mechanisms, enforcement of rights and accessibility measures.
Lakshadweep And Ladakh Given Final Opportunity
The Supreme Court gave one final opportunity to the Union Territories of Lakshadweep and Ladakh.
They must appoint nodal officers as directed earlier by the Court.
The matter will next come up on September 22, 2026.
On that date, the Court will receive updated status reports from the National Law Universities.
Senior Advocate Colin Gonsalves appeared for the petitioner.
Case Details
Case Title: Justice Sunanda Bhandare Foundation v. Union of India and Others
Case No.: W.P.(C) No. 116/1998
Citation: 2026 LiveLaw (SC) 464
Court: Supreme Court of India
Bench: Justice Vikram Nath and Justice Sandeep Mehta
Key Law: Rights of Persons with Disabilities Act, 2016
Key Issue: Upward movement of PwBD candidates in recruitment and promotion
