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 implement the policy of “upward movement” for Persons with Benchmark Disabilities (PwBD).
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 get consideration against unreserved vacancies. This applies when the candidate qualifies without using relaxed standards.
Therefore, such candidates cannot be counted against the vacancies reserved for PwBD candidates.
Union Refers To DoPT Office Memoranda
The Supreme Court noted that the Union Government had already issued executive instructions on this issue.
During the hearing, the Union placed before the Court certain Office Memoranda issued by the Department of Personnel and Training in 2018 and 2022.
These instructions state that a PwBD candidate selected on merit, without relaxed standards, must be adjusted against unreserved vacancies.
However, if a candidate uses relaxed standards, the authorities must adjust that candidate against reserved vacancies.
Policy Applies To Recruitment And Promotion
The Court also noted that the policy applies to both direct recruitment and promotions.
It covers promotions based on seniority-cum-fitness as well as selection-based promotions.
The instructions clarify what amounts to relaxed standards.
Relaxation in cut-off marks, age and number of attempts will count as relaxed standards.
However, the use of a scribe or compensatory time will not count as a relaxed standard.
The Union also clarified another important point. A person’s disability will not be treated as a relaxed standard in the medical fitness test for deciding “own merit”.
Court Says Policy Protects Merit And Reservation
After examining the policy, the Supreme Court said it was satisfied with the Union’s stand.
The Court held that meritorious PwBD candidates must get consideration against unreserved vacancies when they qualify on their own merit.
At the same time, the Court said this approach also protects the purpose of reservation.
The Court then asked the Union, States and Union Territories to follow the policy in its true spirit.
It said the policy advances the constitutional mandate 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 concerned PwD candidates who scored above the cut-off marks fixed for the unreserved category.
The Court had observed that denying upward movement to such candidates would defeat the object of the Rights of Persons with Disabilities Act, 2016.
Therefore, it asked the Union Government to explain 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 even after eight years of the Act, compliance by States and Union Territories remained “elusive”.
Since almost all States and Union Territories had appointed nodal officers, the Court issued further directions.
It directed the eight National Law Universities entrusted with Project Ability Empowerment to continue assessing implementation of the Act.
The Court assigned the assessment of Union-level compliance to NLU Delhi.
The Bench also said that monitoring must not remain a formal exercise. Instead, it must involve a 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 also granted one final opportunity to the Union Territories of Lakshadweep and Ladakh.
They must appoint nodal officers in compliance with the Court’s earlier directions.
The Court had issued those directions for monitoring implementation of the RPwD Act.
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
