Supreme Court Expands Job Protection for Disabled Cadets
The Supreme Court has strengthened Military Cadet Disability Reservation rights for trainees discharged during military training due to benchmark disabilities.
A Bench of Justices B.V. Nagarathna and Manmohan issued the directions. The Court said States and Union Territories must consider job reservation for eligible cadets.
The ruling covers trainees who develop a disability of 40% or more during military training. Such cadets may seek public employment under Section 34 of the Rights of Persons with Disabilities Act, 2016.
Section 34 requires at least 4% reservation in government jobs for persons with benchmark disabilities. The Court also asked States and UTs to consider these cadets under the Ex-Military Personnel quota.
The Bench directed the Supreme Court Registry to send the order to all Chief Secretaries. The States must consider the benefits independently of the Department of Personnel and Training’s definition of “Ex-Servicemen”.
Centre Asked to Create Scheme for Below 40% Disability
The Court also considered the position of cadets with disabilities below the 40% benchmark.
Such trainees may not qualify for benefits under Section 34 of the RPwD Act. However, they can still face serious difficulties after leaving military training.
The Bench asked the Union Government to explore a dedicated welfare scheme. The scheme should support out-boarded cadets with disabilities below 40%.
Additional Solicitor General N. Venkataraman appeared for the Centre. He told the Court that he would obtain instructions from the competent authorities.
The proposed scheme could provide support to cadets who fall outside the statutory benchmark. The Court stressed the need to address their employment and welfare concerns.
High Court Petitions Can Continue
The Supreme Court also clarified the effect of its suo motu proceedings on individual cases.
The Court said cadets can continue to approach the appropriate High Courts. The pending suo motu case will not prevent them from pursuing separate writ petitions.
The Bench also granted liberty to certain individual petitioners. Some High Courts had closed their cases because of the Supreme Court’s suo motu proceedings.
Those petitioners can now seek revival of their writ petitions. The concerned High Courts can then examine their cases on their individual merits.
The Court will continue monitoring the matter. It has listed the case for further hearing on September 8, 2026.
The ruling strengthens Military Cadet Disability Reservation protections for eligible trainees. It also calls for welfare support for cadets who do not meet the 40% disability threshold.
