Candidates with benchmark disabilities are eligible for promotion under the 4% reservation set by the Disabilities Act, according to the Gauhati High Court.

The Gauhati High Court ruled that candidates with benchmark disabilities are eligible for promotions under the reservation outlined in the Disabilities Act. The Court instructed the relevant authorities to evaluate the Petitioner’s promotion to the position of Assistant Engineer (Civil) based on the 4% reservation for individuals with benchmark disabilities as stated in the Rights of Persons with Disabilities Act, 2016. Justice Kardak Ete emphasized that the authorities must review the Petitioner’s case for promotion to Assistant Engineer (Civil) after the current writ petitions, especially since, in 2021, they promoted 83 Junior Engineers (Civil) to Assistant Engineers (Civil) without following the legal requirements.

Advocate D Borgohain represented the Petitioner, while Senior Government Advocate D. Nath represented the Respondents. The Petitioner, who was hired as a Junior Engineer (Civil) in the Assam Public Works Department, received a disability certificate after being diagnosed with locomotor disability. He argued that despite being eligible for promotion, the Respondent Authorities did not apply the 4% reservation policy for benchmark disabilities in promotions, as required by Section 34 of the Act. The Petitioner also noted that he was promoted based on merit during the promotion drives in 2021 and 2022, but not under the benchmark disability quota.

The High Court observed that although there were several promotions from Junior Engineer (Civil) to Assistant Engineer (Civil), the 4% reservation for individuals with benchmark disabilities was not applied in any case. The Court pointed out that the authorities have not filled the disability quota since the Disabilities Act, 2016 took effect. According to Section 34 (2), if a vacancy cannot be filled due to the lack of a suitable candidate with a benchmark disability, that vacancy should be carried over to the next recruitment year. If no suitable candidate is found again, the vacancy can be filled by candidates from the five categories, and only if no candidates with disabilities are available, can the employer hire someone else.

As a result, the Court stated that the three officers with benchmark disabilities were promoted based on their own merits and seniority, leaving the 4% quota for persons with disabilities unfilled. Therefore, the Court concluded that the petitioners, who are persons with disabilities and ranked below the promoted officers, should have been considered for promotion to Assistant Engineer (Civil). The High Court then granted the Writ Petition.

Cause Title: Dul Malla Buzar Baruah v. The State Of Assam & Ors.
Appearance:
Petitioner: Advocates D Borgohain, M Sarmah and P Gohain
Respondents: Senior Government Advocate D. Nath; Advocate P.P. Das