Persons with Disabilities Entitled to Unreserved Vacancies on Own Merit: Supreme Court Endorses Upward Movement

On May 6, 2026, the Supreme Court directed the Union and State governments to implement the policy of upward movement for Persons with Benchmark Disabilities (PwBD). Under this policy, PwBD candidates who score above the general category cut-off on their own merit must be considered against unreserved vacancies, rather than being confined to the reserved quota. The Court confirmed that this approach advances the constitutional mandate of equality, dignity, and inclusion under Articles 14, 15, and 16 of the Constitution.

The Concept of Upward Movement in Reservation

Upward movement refers to the principle that candidates belonging to a reserved category who secure marks or rank above the general category cut-off should be adjusted against unreserved (open) vacancies. This ensures that the reserved seats remain available for candidates who genuinely need the benefit of reservation to secure selection. The Department of Personnel and Training (DoPT) has issued instructions clarifying that PwBD candidates selected on their own merit, without availing relaxed standards, should not be counted against the PwBD quota. Despite these instructions, many recruiting bodies and State governments have failed to implement the policy consistently.

The Rights of Persons with Disabilities Act, 2016

The RPwD Act, 2016, mandates a minimum 4 per cent reservation for persons with benchmark disabilities in government posts. This is a form of horizontal reservation that operates across all vertical categories (General, SC, ST, OBC). However, the Act also recognises that persons with disabilities are not a monolithic group: many are fully capable of competing on merit with non-disabled candidates. Confining such meritorious PwBD candidates to the disability quota alone would reduce the effective number of reserved seats available to those who need them and would deny meritorious disabled persons recognition of their achievement.

The Supreme Court's Directions

The Court directed all authorities to ensure that PwBD candidates who score above the general cut-off are placed against unreserved vacancies. The Court additionally clarified that unreserved vacancies earmarked for persons with disabilities under horizontal reservation are open to all social categories, meaning that a PwBD candidate from any background (General, OBC, SC, or ST) can fill such positions based purely on merit. The related exercise was directed to be completed positively on or before May 15, 2026. The Court also asked the National Law Universities to undertake a detailed assessment of the implementation of the RPwD Act across all States and Union Territories.

Key Takeaways for Employers and Candidates

Government departments and recruiting agencies must now review their selection processes to ensure compliance with the upward movement policy. PwBD candidates who clear general cut-offs should not be placed against disability reserved seats. For disabled candidates themselves, this ruling affirms that their merit will be recognised on its own terms: they are not compelled to occupy reserved seats when they have earned their place in the general category. This balances the twin objectives of reservations: enabling those who need assistance while recognising those who have overcome barriers on their own strength.