Yesterday, the Gujarat High Court issued a notice to the Union Ministry of Social Justice and Empowerment and the Department of Empowerment of Persons with Disabilities, seeking immediate compliance with an Office Memorandum that mandates a 4% reservation in promotions for state employees with disabilities, as per the Rights of Persons with Disabilities Act.

The Office Memorandum, issued by the Ministry of Personnel, Public Grievances and Pensions, outlines the formulation and implementation of a State Policy aimed at evaluating, considering, and granting the benefit of 4% reservation in promotions to all eligible employees with disabilities, recognized as Persons with Disabilities, employed by the State of Gujarat and its instrumentalities.

In his order, Justice Aniruddha Mayee stated, “Issue Notice returnable on 24.02.2025.”

The plea, filed by 34 petitioners, relied on the Supreme Court judgments in Rajeev Kumar Gupta vs Union of India (2016), Siddaraju vs State of Karnataka (2020), and State of Kerala vs Leesamma Joseph (2021). These rulings issued directions to the Centre and States to adhere to the mandate of Sections 33 and 34 of the Rights of Persons with Disabilities Act, 2016.

The petitioners have claimed that the State has not implemented any such policy complying with the mandate of the Act and guidelines of the Supreme Court despite various representations.

The Court then directed the respondents to file their affidavit-in-reply to be filed 'positively' before the before the next date of hearing.

Case Title: Makwana Sanjay Shivbhai & Ors. vs State of Gujarat & Ors.