Persons with disabilities are eligible for reservation in promotion under PwD Act: SC

The Supreme Court (SC) was dealing with an appeal filed by the Reserve Bank of India (RBI) against the order of the Bombay High Court which has directed RBI to apply reservation for persons with disabilities (PwD) in matters related to promotion. RBI had denied such reservation on the ground that there was no provision for providing reservation on grounds of disabilities. SC denying RBI’s contention noted that such denial amounts to violation of Article 16 of the Constitution and albeit Persons with Disabilities (Equal Opportunity,….) Act, 1995 did not contain any express provision for reservation to PwD; however, mere absence of an express mandate for reservation in promotion for PwD did not absolve the Government from keeping reserved vacancies on promotional posts.