Miscellaneous Application No. 2171 of 2020.

In Civil Appeal No. 1567 of 2017.

1. The correctness of the judgment of this Court in Rajeev Kumar Gupta & Ors. v. Union of India & Ors. (2016) 13 SCC 153 [LQ/SC/2016/805] was raised by Union of India before a Division Bench of this Court. In Rajeev Kumar Gupta & Ors. v. Union of India & Ors. (supra), this Court held that persons with disabilities are entitled for reservation in promotions. The matter was referred to a larger Bench for considering the issues raised by the Union of India. After a detailed consideration of the judgments of this Court in Union of India & Anr. v. National Federation of the Blind & Ors. (2013) 10 SCC 772 , [LQ/SC/2013/1160] National Federation of the Blind v. Sanjay Kothari, Secretary Department of Personnel and Training (2015) 9 SCALE 611 [LQ/SC/2015/1124] and Rajeev Kumar Gupta & Ors. v. Union of India & Ors. (supra), this Court answered the reference on 14.01.2020. The submission on behalf of the Union of India that Rajeev Kumar Gupta & Ors. v. Union of India & Ors. (supra) warrants reconsideration was rejected. This Court held that the Union and the State Governments are bound by the judgments of this Court in Union of India & Anr. v. National Federation of the Blind & Ors. (supra), National Federation of the Blind v. Sanjay Kothari, Secretary Department of Personnel and Training (supra) and Rajeev Kumar Gupta & Ors. v. Union of India & Ors. (supra).

2. This Miscellaneous Application has been filed by the Union of India for clarification of the judgment dated 14.01.2020. Notice was issued on 12.01.2021 and the Union of India was directed to submit a written note identifying the points on which clarification was sought. Pursuant to the said direction, a written note was filed by Ms. Madhavi Divan, learned Additional Solicitor General seeking clarification on the following four issues:

a. whether the vacancies for promotion for PwDs would be computed only on the basis of the vacancies against the identified posts or against the vacancies in both identified and non-identified posts.

b. whether reservation can be given to PwDs at the time of induction from SCS/Non-SCS to IAS.

c. whether the intention of the judgment is to grant reservation in promotion beyond the lowest rung of Group A or up to the lowest rung of Group-A.

d. whether the judgment dated 14.01.2020 in Civil Appeal No.1567 of 2017, titled Siddaraju v. State of Karnataka & Ors. along with its tagged cases needs to be implemented on the basis of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, (based on which the case was filed) or the Rights of Persons with Disabilities Act, 2016 (the latest Act applicable on the date of judgment).

3. It was submitted by the learned Additional Solicitor General that reservation in promotion shall be in accordance with such instructions that are issued by the appropriate Government from time to time as provided in Section 34 of the Rights of Persons with Disabilities Act, 2016. As implementation of the three judgments mentioned above has given rise to some doubts, it is necessary that the points raised by the Union of India be answered and clarification be given to enable the Union of India to proceed with issuing instructions.

4. Ms. Jayna Kothari, learned Senior Counsel and Mr. Rajan Mani, learned counsel opposed the submissions made by the learned Additional Solicitor General by contending that there is no necessity for any clarification of the judgments of this Court referred to above. They have raised a grievance that the delay in issuing the instructions under the proviso to Section 34 resulted in stalling the implementation of reservation in promotion for persons with disabilities.

5. Having examined the judgments of this Court and the submissions made on behalf of the parties, we are of the opinion that there is no ambiguity in the judgments which warrants any clarification. The Union of India is directed to issue instructions regarding reservation in promotion as provided in Section 34 of the Rights of Persons with Disabilities Act, 2016 within a period of four months from today.

6. Miscellaneous Application stands disposed of accordingly.

Conmt. Pet. (C) No. 680/2020 in C.A. No. 1567/2017.

Conmt. Pet. (C) No. 282/2021 in C.A. No. 1567/2017.

C.A. No. 7147/2019.

Conmt. Pet. (C) No. 678/2020 in C.A. No. 1567/2017.

Conmt. Pet. (C) No. 679/2020 in C.A. No. 1567/2017.

Conmt. Pet. (C) No. 686/2020 in C.A. No. 1567/2017.

7. List on 16th November, 2021 as part-heard.