You have not given details of the Supreme Court judgment referred to by you. Perhaps, you may be referring to the case of Rajeev Kumar Gupta v. Union of India, (2016) 13 SCC 153 : AIR 2016 SC 3228. In that case, the issue related to a “large number of identified posts in Groups A and B are filled only through promotion” in Prasar Bharati. The Supreme Court held as under:
“A combined reading of Sections 32 and 33 of the 1995 Act explicates a fine and designed balance between requirements of administration and the imperative to provide greater opportunities to PWD. Therefore, as detailed in the first part of our analysis, the identification exercise under Section 32 is crucial. Once a post is identified, it means that a PWD is fully capable of discharging the functions associated with the identified post. Once found to be so capable, reservation under Section 33 to an extent of not less than three per cent must follow. Once the post is identified, it must be reserved for PWD irrespective of the mode of recruitment adopted by the State for filling up of the said post.” [Emphasis supplied.]
Further, the Supreme Court directed that the Government to extend three per cent reservation to PWD in all identified posts in Group A and Group B, irrespective of the mode of filling up of such posts.
It can be seen from the above that the emphasis in the SC judgment is on the posts that are identified for reservation for PWD. It any posts are identified then it must be reserved for PWD irrespective of the mode of recruitment adopted by the State for filling up of the said post (i.e., whether by direct appointment or by promotion).
So, you have to ascertain whether the higher post is identified for reservation for PWD and whether there is appointment for that post only by promotion (even for general categories). If so, then you may be entitled as per the above SC judgment. Otherwise, it may depend on detailed facts of the case, and if needed, you may have to challenge it in courts. It is not possible for me to go into detailed facts of a case on this forum (as mentioned in the guidelines for asking questions). So, if needed, please consult some local lawyer on facts of your case.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
