Supreme Court directs Union & States to apply ‘Upward Movement’ for PwBDs

The Supreme Court has reiterated that the Union and all states must faithfully apply the policy of “upward movement” for PwBD . The policy mandates that a PwBD who scores above the general cut‑off on his/her own merit be considered for unreserved (UR) vacancies, thereby preventing denial of merit‑based opportunities. Key Developments The Court, in a bench headed by Justices Vikram Nath and Sandeep Mehta , ordered strict adherence to the upward‑movement policy for both recruitment and promotions. Executive instructions issued by the Department of Personnel and Training in 2018 and 2022 clarify that candidates selected on their own merit (without relaxed standards) must be adjusted against UR vacancies. The Court emphasized that relaxation in cut‑off marks, age, attempts, etc., constitute "relaxed standards", whereas assistance like a scribe does not. It noted persistent non‑compliance with the RPwD Act , with many states still lagging after eight years. Eight NLUs were directed to assess compliance; Nodal Officers must be appointed where still missing. Important Facts • The policy applies to direct recruitment, seniority‑cum‑fitness promotions, and selection‑based promotions. • Candidates who avail relaxed standards are to be placed against the reserved PwBD quota, preserving the purpose of reservation. • The Court’s order is a follow‑up to its September 2025 observation that denying general seats to higher‑scoring PwBDs defeats the RPwD Act’s intent. • The next status report from the NLUs is scheduled for 22 September 2026 . UPSC Relevance Understanding the interplay between judicial directives, executive orders, and statutory mandates is crucial for GS‑2 (Polity) questions on governance and social justice. The case illustrates how the judiciary can enforce the spirit of the RPwD Act , and highlights the role of institutions like the DoPT in operationalising disability‑inclusion policies. The concept of “upward movement” also ties into the broader theme of affirmative action and merit‑based reservation, a frequent GS‑4 (Ethics) discussion point. Way Forward • All states and Union territories must appoint Nodal Officers without further delay. • The eight NLUs should conduct a substantive, data‑driven audit of RPwD compliance and submit actionable recommendations by the September deadline. • Ministries should ensure that recruitment manuals explicitly differentiate between "own merit" and "relaxed standards" to avoid ambiguity. • Continuous monitoring mechanisms, possibly through a central disability‑inclusion cell, can help translate judicial pronouncements into on‑ground reality. By implementing the upward‑movement policy faithfully, the government can uphold constitutional guarantees of equality, dignity, and inclusion for persons with disabilities.