“Why confined it to entry level? They are disabled means disabled. We seriously feel they should be given benefit at other level also,” a bench comprising Chief Justice H L Dattu and A K Sikri said. “How do you expect disabled persons to compete with the abled persons,” the bench asked while dismissing the appeal filed by the Centre against the Bombay High Court order directing it and the Union Public Service Commission to implement a three per cent quota in direct recruitments and promotions for the disabled in the IAS.
Attorney General Mukul Rohatgi contended that reservation is counted on the basis of vacancy and not in the terms of the post. He submitted that reservation on promotion is not the mandate of legislation, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, which was passed in 1995.
The AG said reservation can be applied in horizontal manner and not vertically.
The apex court did not agree to examine the issue in detail on the ground that there was difference in view between Bombay and Delhi high courts.