(Adarsh Kumar Goel and Uday Umesh Lalit, JJ.)
Siddaraju ________________________________________ Petitioner;
v.
State of Karnataka and Others ____________________ Respondent(s).
(With appln. (s) for c/delay in filing SLP and interim relief and office report)
Petition(s) for Special Leave to Appeal (C) No(s). 24994/2016, decided on February 3, 2017
The Order of the court was delivered by
Order
1. Delay condoned. Leave granted.
2. Question which has arisen in this case is whether persons, governed under “The persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995”, can be given reservation in promotion. A view has been taken by this Court in Rajiv Kumar Gupta v. Union of India1 in the affirmative.
3. Mr. Ranjit Kumar, learned Solicitor General, points out that the prohibition against reservation in promotion laid down by the majority in Indra Sawhney v. Union of India2 applies not only to Article 16(4) but also 16(1) of the Constitution of India and inference to the contrary is not justified.
4. Persons suffering from disability certainly require preferential treatment and such preferential treatment may also cover reservation in appointment but not reservation in promotion. Section 33 of the 1995 Act is required to be read and construed in that background.
5. We find merit in the contention that the matter needs to be considered by the larger Bench.
6. Accordingly, we direct the matter be placed before Hon’ble the Chief Justice for appropriate orders.
7. Union of India is at liberty to file its affidavit within one week from today.
———
1 (2016) 13 SCC 153 : (2017) 2 SCC (L&S) 605 : (2016) 6 Scale 417
2 1992 Supp (3) SCC 215 : 1992 SCC (L&S) Supp 482
