SC asks states to extend ex-servicemen quota to disabled out-boarded cadets

The top court directed its Registry to send the order to Chief Secretaries for consideration and implementation, and asked the Centre to frame a scheme for cadets with disabilities below 40 per cent

The Supreme Court has directed states and Union Territories to consider extending the ex-servicemen reservation quota to military cadets discharged from training after suffering benchmark disabilities, saying the move would improve their employment prospects. It also held that such cadets are entitled to reservation under the Rights of Persons with Disabilities (RPwD) Act, 2016.

 

The order came in a suo motu case concerning the welfare and rehabilitation of "out-boarded" cadets, trainees who are invalidated out of military training after sustaining injuries or disabilities.

 

A Bench of Justices B V Nagarathna and Manmohan held that out-boarded cadets with at least 40 per cent benchmark disability are entitled to reservation under Section 34 of the RPwD Act, which provides for a minimum 4 per cent reservation in government jobs for persons with benchmark disabilities.

 

 

"We find that the out-boarded cadets ought to be entitled to the benefit of the said provision and make their employment applications accordingly in the reserved category," the Bench said.

 

The court also directed states and Union Territories to consider extending the ex-servicemen quota to such cadets, even though they do not fall within the Centre's existing definition of "ex-servicemen". It said doing so would enhance their employment opportunities in state government services.

 

To facilitate implementation, the Bench directed the Supreme Court Registry to forward a copy of its order to the Chief Secretaries of all states and Union Territories. It said the proposal should be considered independently of the definition of "ex-servicemen" prescribed by the Department of Personnel and Training.

 

The court also addressed the case of cadets who are discharged from training despite suffering disabilities below the 40 per cent benchmark required under the RPwD Act. Observing that such cadets would otherwise fall outside the ambit of the law, it asked the central government to examine the possibility of framing a separate welfare scheme for them.

 

The Centre's counsel was directed to obtain instructions on preparing an appropriate scheme for these cadets.

 

The Bench further clarified that the pendency of the suo motu proceedings would not prevent individual cadets from pursuing writ petitions before High Courts. It also granted liberty to those whose petitions had been disposed of because of the pending proceedings before the Supreme Court to seek revival of their cases before the respective High Courts.