Explanation:

Supreme court (SC) has affirmed 3% quota for disabled persons both in direct recruitment and in promotions in PSUs.

• The Supreme Court has granted relief to persons with disabilities by allowing reservation in promotion in all groups for those employed in public sector jobs. It confirmed that 3% reservation should be given to disabled persons both in direct recruitment and in promotions.

Arguments by court:

• Reservation for disabled is granted under Article 16(1) of the Constitution.
• The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 emphasises that “employment is a key factor in the empowerment and inclusion of people with disabilities”.

Rajeev Kumar Gupta judgment (2016):

• The judgment confirms a 2016 verdict of the top court in Rajeev Kumar Gupta’s case that granted reservation in promotion to disabled persons employed in Groups A and B in addition to Groups C and D in the public sector.
• The 2016 judgment had held that wherever posts were identified to be suitable for persons with disabilities, 3% reservation must be given.
• The government had however challenged the judgement, leading to the reference to the larger Bench. The government had referred to the Indira Sawhney case, which had capped reservation at 50% and prohibited reservation in promotions.
• But supreme court countered that the Sawhney judgment only pertained to the Backward Classes. It has no relevance to the case of persons with disabilities.