In Brief
Persons with disabilities employed at Prasar Bharati challenged government memoranda that denied them 3% statutory reservation in identified Group A and B posts when filled through promotion. The Court held that once posts are identified as suitable for PWD under the 1995 Act, reservation must apply regardless of recruitment mode. The prohibition on promotional reservations from Indra Sawhney applies only to backward classes under Article 16(4), not to PWD, as disability is not a forbidden ground under Article 16(1). The Court declared the memoranda illegal and directed the government to extend 3% reservation to PWD in all identified Group A and B posts irrespective of filling method.
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