Supreme Court to RBI : Section 33 of PWD Act 1995 provides statutorily conferred right to reservation in promotional appointment in Group A to the disabled.

Court: Supreme Court of India

Bench:  Hon’ble Mr. Justice Dipankar Datta & Hon’ble Mr. Justice S. Ravindra Bhat

Case No. : Civil Appeal Nos.529 OF 2023, 

Case title: Reserve Bank of India Vs. A.K. Nair & Ors.

Date of Judgement: 04 July 2023

Cases referred/relied upon: 

1. Rajeev Kumar Gupta and Ors. vs. Union of India and Ors. 

2. Siddaraju vs. State of Karnataka and Ors

3. State of Kerala and Ors. vs. Leesamma Joseph.

Brief of the Case

Invoking its plenary powers under Article 142 of the Constitution of India, the Supreme Court directed the Reserve Bank of India (RBI) to retrospectively extend the benefit of reservation in promotions to an employee with physical disability (post-polio limb paralysis). 

The Court held that the employee had a statutory right to claim reservation even in promotion towards the appointment in Class I posts, as per Section 33 of the Persons with Disabilities Act, 1995.

However, Justice S Ravindra Bhat, in a concurring opinion, also cautioned that reservations in promotions cannot be unduly extended to others entitled to horizontal reservations (like reservations for women, transgender persons etc.), just because persons with disabilities have been given such reservations.

"That persons with disabilities need to be accommodated, in public service, is a given. At the same time, this reasonable accommodation ought not to open gates for demands by those benefitting other kinds of horizontal reservation, for reservation in promotional vacancies in public services," Justice Bhat observed.

"It was not the intention of Article 16 of the Constitution to compromise on administrative inefficiency by culling the spirit of competition - after all, positions gained by promotions taper higher up. To ear-mark a certain portion to one class of citizens, and not others, who may have also gained initial appointments on the strength of such horizontality (such as women, retired / ex-servicemen, etc.) is not constitutionally protected – the only exception to reservations in promotions is SC / ST appointees, as provided under Article 16(4A)," the judgment stated.

The petitoner in this case, Mr. AK Nair, a Coin Manager at the RBI had appeared for the All India Merit Test in 2003 for promotion to a Class I post, but had fallen short of qualifying by three marks in general category list. His representations seeking relaxation in the same on account of his disability didn't find favour. Interestingly, the posts in question had the same cut-off, at the time, for both the general category candidates and candidates with disabilities.

In 2014, the Bombay High Court held that the RBI was required to provide reservations in promotion for candidates with disabilities on a horizontal basis with effect from 2006. However, the High Court did not give any relief to Nair, leading to the appeal before the Supreme Court.

"We have no doubt that Mr. Nair did have a statutorily conferred right all through to claim that reservation in promotional appointment in Group ‘A’ posts is ingrained in the PwD Act, 1995 ... The omission or failure of the RBI in condoning the shortfall in marks coupled with the neglect to identify a Group ‘A’ post suitable for reservation to accommodate Mr. Nair on promotion appears to us to be indefensible." expressed the Bench while allowing the appeal of Mr. Nair. 

In the opinion authored by Justice Datta, the Court also criticised the RBI for its rigid approach in deciding the employee's claim. "Even otherwise, to reach out to persons with disabilities and grant them the facilities and benefits that the PwD Act, 1995 envisaged, it was rather harsh to apply standards which are applicable to general candidates to Mr. Nair while he competed with such general candidates for securing his promotion. RBI, as a model employer, ought to have taken an informed decision in this regard commensurate with the aspirations of persons with disabilities."

The Court has granted the RBI four months time to complete the requisite formalities to release the monetary benefits due to Nair. The bench also clarified that when Nair retires in 2025, his retiral benefits should be computed taking into account the Court's ruling that his promotion should be recognised retrospectively.

Read the judgement: 

CCPD directs IBPS to allow examinee with vision disabilities to use digital magnifier during examination as a reasonable accommodation

Court: Chief Commissioner for Persons with Disabilities

Date of Judgement: 03 July 2023

In a significant ruling, the Court of Chief Commissioner for Persons with Disabilities (CCPD) addressed the case of a complainant with substantial hearing and visual disabilities seeking accommodation during the Institute of Banking and Personnel Services (IBPS) examination. The complainant, facing 93% hearing impairment and 75% visual impairment, requested the use of a digital magnifier to participate in the examination, crucial for reading questions displayed on a computer screen and subsequently recording answers on paper with the aid of a scribe.

IBPS, however, denied the use of the digital magnifier citing concerns over potential unfair advantages due to its photo capture and storage capabilities.

Legal Framework and Decision:

Under the Rights of Persons with Disabilities Act, 2016, the CCPD emphasized the obligation of the government to provide "reasonable accommodation" to persons with disabilities. The Commissioner underscored that such accommodation is not discretionary but a mandated protection against discrimination. The refusal to accommodate the complainant’s request was deemed discriminatory under this provision.

Commissioner’s Recommendation:

In response to the case, the CCPD directed IBPS to either vet the complainant's digital magnifier prior to the examination or alternatively provide an appropriate device themselves. This decision underscores the importance of accommodating technological aids that enable persons with disabilities to participate fully and fairly in competitive examinations.

This ruling sets a precedent for ensuring equitable access and opportunity for persons with disabilities in public examinations, reinforcing the principles of inclusivity and non-discrimination as enshrined in Indian disability rights law particularly teh concept of 'reasonable accommodation'.