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Q: On 28 June 2021, the Supreme Court held that persons with disabilities have a right to reservation in promotion under Article 16(4) of the Constitution of India, 1950, in the case of:
  • A. Rajiv Kumar Gupta vs. Rangachari
  • B. State of Kerala vs. N.M. thomas
  • C. Indira Sawhney vs Union of India
  • D. State of Kerala vs Leesamma Joseph
Correct Answer: Option D - The Supreme Court of India in its judgment on 28 June 2021 in the case of “State of Kerala vs Leesamma Joseph” affirmed that persons with disabilities have a right to reservation in promotion under Article 16(4) of the Constitution of India, 1950. While examining the constitutionality of Section 33 of the Rights of Persons with Disabilities Act, 2016, the Court noted that ‘equality of opportunity’ in matters of public employment includes provision of certain reservations in favor of persons with disabilities. Furthermore, it held that Article 16(4) of the Constitution, empowering the State to make provisions for reservation in matters of promotion in favour of any backward class of citizens, also includes persons with disabilities within its scope, regardless of the nature of their establishments, whether they belong to the public sector or the private sector.
D. The Supreme Court of India in its judgment on 28 June 2021 in the case of “State of Kerala vs Leesamma Joseph” affirmed that persons with disabilities have a right to reservation in promotion under Article 16(4) of the Constitution of India, 1950. While examining the constitutionality of Section 33 of the Rights of Persons with Disabilities Act, 2016, the Court noted that ‘equality of opportunity’ in matters of public employment includes provision of certain reservations in favor of persons with disabilities. Furthermore, it held that Article 16(4) of the Constitution, empowering the State to make provisions for reservation in matters of promotion in favour of any backward class of citizens, also includes persons with disabilities within its scope, regardless of the nature of their establishments, whether they belong to the public sector or the private sector.

Explanations:

The Supreme Court of India in its judgment on 28 June 2021 in the case of “State of Kerala vs Leesamma Joseph” affirmed that persons with disabilities have a right to reservation in promotion under Article 16(4) of the Constitution of India, 1950. While examining the constitutionality of Section 33 of the Rights of Persons with Disabilities Act, 2016, the Court noted that ‘equality of opportunity’ in matters of public employment includes provision of certain reservations in favor of persons with disabilities. Furthermore, it held that Article 16(4) of the Constitution, empowering the State to make provisions for reservation in matters of promotion in favour of any backward class of citizens, also includes persons with disabilities within its scope, regardless of the nature of their establishments, whether they belong to the public sector or the private sector.