SIDDARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The correctness of the judgment of this Court in Rajeev Kumar Gupta and Ors. v. Union of India and Ors., (2016) 13 SCC 153 was raised by Union of India before a Division Bench of this Court. In Rajeev Kumar Gupta and Ors. v. Union of India and Ors. (supra), this Court held that persons with disabilities are entitled for reservation in promotions. The matter was referred to a larger Bench for considering the issues raised by the Union of India. After a detailed consideration of the judgments of this Court in Union of India and Anr. v. National Federation of the Blind and Ors., (2013) 10 SCC 772, National Federation of the Blind v. Sanjay Kothan, Secretary Department of Personnel and Training, (2015) 9 SCALE 611 and Rajeev Kumar Gupta and Ors. v. Union of India and Ors. (supra), this Court answered the reference on 14/1/2020. The submission on behalf of the Union of India that Rajeev Kumar Gupta and Ors. v. Union of India and Ors. (supra) warrants reconsideration was rejected. This Court held that the Union and the State Governments are bound by the judgments of this Court in Union of India and Anr. v. National Federation of the Blind and Ors. (supra), National Federation of the Blind v. Sanjay Kothari, Secretary Department of Personnel and Training (supra) and Rajeev Kumar Gupta and Ors. v. Union of India and Ors. (supra).

(2.) This Miscellaneous Application has been filed by the Union of India for clarification of the judgment dtd. 14/1/2020. Notice was issued on 12/1/2021 and the Union of India was directed to submit a written note identifying the points on which clarification was sought. Pursuant to the said direction, a written note was filed by Ms. Madhavi Divan, learned Additional Solicitor General seeking clarification on the following four issues:

(3.) It was submitted by the learned Additional Solicitor General that reservation in promotion shall be in accordance with such instructions that are issued by the appropriate Government from time to time as provided in Sec. 34 of the Rights of Persons with Disabilities Act, 2016. As implementation of the three judgments mentioned above has given rise to some doubts, it is necessary that the points raised by the Union of India be answered and clarification be given to enable the Union of India to proceed with issuing instructions.