Bench: Justices Vikram Nath and Sandeep Mehta
Date of Judgment: September 12, 2025
Law: Rights of Persons with Disabilities Act, 2016 (Section 34)
Case Summary
On September 12, 2025, the Supreme Court of India delivered a landmark judgment reinforcing disability rights under the constitutional framework and the Rights of Persons with Disabilities Act, 2016 (RPWD Act). The Court intervened on two distinct but connected issues:
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Upward Movement in Merit Lists for Persons with Disabilities (PWD)
The Court expressed grave concern over the systemic denial of upward movement in the merit list for PWD candidates in public employment and education recruitment. Despite scoring above the general (unreserved) category cut-off, PWD candidates are treated only as reserved category candidates. This practice leads to lower-scoring PWD candidates occupying reserved seats, which the Court rightly described as "hostile discrimination." The Court directed the Central Government to explain by October 14, 2025, the steps taken to ensure that meritorious candidates are not denied upward movement and that the same principle applies to promotions as well. -
Project Ability Empowerment: Nationwide Monitoring of Care Institutions
The Court initiated a comprehensive, independent, nationwide monitoring framework named Project Ability Empowerment. This follows decades of systemic neglect in state-run and private institutions housing persons with cognitive disabilities. The goal is to ensure effective implementation of the RPWD Act, safeguard constitutional rights, and shift away from institutionalisation toward community-based, inclusive models of care.
Key Directions and Distinct Aspects of the Judgment
Resident Profiling, Care, and Rehabilitation
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Individualized profiling of every resident, including age, gender, disability profile, medical history, education level, vocational skills, and psychosocial needs.
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Creation of Individual Care Plans aligned with best practices to facilitate rehabilitation and reintegration into the community.
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Assessment of healthcare access, periodic review of psychiatric prescriptions, and establishment of multidisciplinary care teams.
Accessibility, Infrastructure, and Education
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In-depth audits of physical accessibility aligned with the Harmonised Guidelines and Standards for Universal Accessibility.
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Evaluation of accessible transport, assistive technologies, and communication formats.
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Assessment of access to education for children and vocational training for adults, including institutional support for the National Institute of Open Schooling.
Rights, Protection, and Compliance
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Examination of grievance redressal mechanisms, institutional policies, and participatory governance structures.
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Review of use of restraints and behaviour management policies.
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Monitoring compliance with the RPWD Act and the Mental Healthcare Act, 2017, including appointment of protection officers and institution registration.
Staffing, Resources, and Accountability
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Analysis of staffing strength, qualifications, training, and remuneration.
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Review of institutional record-keeping, transparency mechanisms, and responsiveness to Right to Information (RTI) applications.
Documentation and Welfare Access
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Recommendations for maintaining an online presence of institutions with an institutional dashboard containing essential functioning information.
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Facilitation of Aadhaar enrollment for every resident to ensure access to welfare schemes.
Reservation under Section 34 of the RPWD Act
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Strong emphasis on a positive and purposive interpretation of the reservation provision.
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Recognition that disability is not homogeneous, requiring nuanced application of affirmative action.
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Mandate that meritorious PWD candidates should benefit from upward movement, leaving reserved seats for those with greater structural disadvantage.
Implications
This judgment marks a watershed moment in disability rights jurisprudence in India. It firmly rejects outdated medical and charitable paradigms of disability in favour of a rights-based, inclusive constitutional vision. The Court highlighted that reasonable accommodation is not charity but a fundamental right flowing from Articles 14, 16, and 21 of the Constitution of India.
The involvement of eight National Law Universities, regionalised across India, introduces a systematic, independent monitoring mechanism. The report due in March 2026 will present a data-driven, actionable pathway toward systemic reforms, including transition from institutional care to community living.
By addressing both affirmative action in public recruitment and the quality of institutional care, the Supreme Court affirmed that the true and substantive benefit of disability reservations and welfare must reach the most marginalized.
Read the judgement dated 12 Sep 2025 here
For further detailed updates on disability rights and authoritative case summaries, visit disabilityrightsindia.com.