Siddaraju vs State of Karnataka & Ors.

6 SCALE 417: (2016) 13 SCC 153: [2016] 3 SCR 407 in affirmation – However, it was contended that the Prohibition laid down by the majority in Indra Sawhney & Ors. v. Union of India & Ors. (1992) Supp. 3 SCC 125 applies not only to Article 16(4) but also Article 16(1) of the Constitution of India and inference to the contrary is not justified – Also, there was a Office Memorandum dated 29.12.2005 issued by the Government which stated that the quantum of reservation as “2(ii) Three percent of the vacancies in case of promotion to Group D, and Group C posts in which the element of direct recruitment, if any, does not exceed 75%, shall be reserved for persons with disabilities...”– The said O.M. was considered in the Union of India and Another v. National Federation of the Blind and others (2013) 10 SCC 772, it held that the computation of reservation for persons with disabilities has to be computed in case of Group A,B,C and D posts in identical manner, accordingly clauses of O.M. dated 29.12.2005 contrary to this reasoning are struck down – It was also held that the reservation for persons with disabilities has nothing to do with the ceiling of 50% and hence, Indra Sawhney is not applicable with respect to the disabled persons – The instant batch of cases were referred to the larger Bench for consideration – The larger Bench, held: In Rajeev Kumar Gupta & Ors. v. Union of India & Ors (2016) 13 SCC 153 it was held the rule of no reservation in promotions as laid down in Indra Sawhney has no application to persons with disabilities – This judgment cannot be faulted when it stated that Indra Sawhney dealt with a different problem and, therefore, cannot be followed – Consequently, the reference stands answered by stating that the judgment Union of India and Another v. National Federation of the Blind and others (2013) 10 SCC 772 as clarified in National Federation of the Blind v. Sanjay Kothari, Secretary Department of Personnel and Training, 2015 (9) Scale 611 and the judgment in Rajeev Kumar Gupta and others v. Union of India & Ors. (2016) 13 SCC 153 case will bind the Union and the State Governments and must be strictly followed notwithstanding the O.M. dated 29.12.2005, in particular. Union of India and Another v. National Federation of the Blind and Others, (2013) 10 SCC 772 : [2013] 9 SCR 1023; National Federation of the Blind v. Sanjay Kothari, Secy. Deptt. of Personnel and Training, 2015

(9) Scale 611; Rajeev Kumar Gupta & Others v. Union of India & Others (2016) 13 SCC 153 : [2016] 3 SCR

407 – held applicable.

Indra Sawhney v. Union of India, (1992) Supp 3 SCC

217 : [1992] 2 Suppl. SCR 454 – held inapplicable.