Supreme Court Asks NLUs To Undertake Detailed Assessment Of Implementation Of RPwD Act Across All States & UTs Under "Project Ability Empowerment"

The Apex Court also endorsed the view that meritorious candidates belonging to the PwBD category are entitled to be considered against unreserved vacancies based on their own merit, while preserving the efficacy and purpose of reservation.

The Division Bench of Justice Vikram Nath and Justice Sandeep Mehta ordered, “In this backdrop, we consider it appropriate that the National Law Universities entrusted with the exercise under “Project Ability Empowerment”, in terms of the directions issued by this Court, undertake a detailed and structured assessment of the implementation of the Rights of Persons with Disabilities Act, 2016 across all States and Union Territories. Such monitoring shall not be merely formal but must involve a substantive evaluation of compliance with statutory mandates, including the creation of requisite institutional mechanisms, enforcement of rights, and accessibility measures.”

Factual Background

On September 12, 2025, the Apex Court had asked the National Law Universities to undertake “Project Ability Empowerment” in order to extensively monitor all care institutions, whether state-run or private, housing persons with cognitive disabilities. The Apex Court had also asked the Union Government to explain whether appropriate measures have been taken to provide the upward movement of meritorious candidates applying against the posts reserved for persons with disabilities, in case such a candidate secures more than the cut-off for the unreserved category.

The Court, on April 15, 2026, recorded submissions regarding the non-compliance by several States and Union Territories with the directions issued in the judgment, particularly concerning the appointment of Nodal Officers. It was noted that despite the lapse of seven months, multiple States and Union Territories had failed to act, thereby impeding the effective functioning of National Law Universities in the discharge of the mandate of this Court and undermining the implementation of statutory mandates affecting vulnerable sections of the society.

Expressing serious displeasure at such inaction, the Court granted a final opportunity to the defaulting States and Union Territories to ensure compliance. The Court also expressed concern over the continued failure of the Union of India to respond to a specific query relating to the provision of upward movement of meritorious candidates in reserved categories.

Reasoning & Directions

On the issue of appointment of the Nodal Officers, the Bench noted that the counsel appearing for the States of Kerala, Jharkhand, Odisha, Arunachal Pradesh, Madhya Pradesh and Telangana, and the Union Territories of Puducherry, Chandigarh and Andaman and Nicobar Islands, submitted that Nodal Officers had been appointed on different dates in April, 2026. The Bench noted that, consequently, only the Union Territories of the Lakshadweep Islands and Ladakh were yet to appoint Nodal Officers.

The Bench thus ordered, “In view of the above, a final opportunity is granted to the Union Territories of Lakshadweep Islands and Ladakh to appoint Nodal Officers in terms of the directions issued by this Court. The said exercise shall be completed positively on or before 15th May, 2026.”

Dealing with the issue of clarification on reservation and upward movement of PwBD candidates, the Bench took note of the compliance affidavit indicating that the Union of India, through the Department of Personnel and Training (DoPT), had already issued comprehensive instructions governing the issue of adjustment/upward movement of persons with benchmark disabilities against unreserved vacancies.

The affidavit referred to the Office Memoranda dated January 15, 2018; May 17, 2022; and September 27, 2022, which collectively provide and emphasise that a PwBD candidate selected based on his/her own merit, without availing relaxed standards, is to be adjusted against unreserved (UR) vacancies and not against the quota reserved for the PwBD category. Conversely, candidates who avail relaxed standards are to be adjusted against reserved vacancies. The affidavit further emphasised that the reservation for PwBD candidates operates horizontally across categories and that the policy of “own merit” is consistently applied to ensure that meritorious candidates are not denied their rightful placement while also safeguarding the interests of those requiring reservation benefits.

“Having considered the aforesaid affidavit and the policy framework placed on record, we are satisfied that the Union of India has adequately addressed the query raised in paragraph 53 of the judgment and order dated 12th September, 2025. The position in law, as clarified, ensures that meritorious candidates belonging to the PwBD category are entitled to be considered against unreserved vacancies on the basis of their own merit, while preserving the efficacy and purpose of reservation. We, accordingly, endorse the said position and exhort the Union of India, as well as all States and Union Territories, to scrupulously adhere to and implement the policy of upward movement in its true letter and spirit, so as to advance the constitutional mandate of equality, dignity and inclusion for persons with disabilities”, it added.

Coming to the status of implementation of the Rights of Persons with Disabilities Act, 2016, the Bench noted that despite multiple subsequent orders, wherein timelines were fixed, affidavits of compliance were sought, and senior officials were directed to ensure implementation, the status report indicated persistent gaps. The Bench found that while some States and Union Territories had filed compliance affidavits, a significant number continued to remain either noncompliant or only partially compliant.

The status report also highlighted deficiencies such as failure to establish mandatory institutional mechanisms, including State Funds for Persons with Disabilities, and inadequate implementation across key areas of the Act, 2016. The Bench further mentioned, “Considering the status report placed on record and the submissions advanced, we are of the opinion that, in view of the fact that almost all the States and Union Territories have now appointed Nodal Officers, the issue relating to the implementation of the Rights of Persons with Disabilities Act, 2016 can be more effectively and comprehensively examined by the National Law Universities entrusted with the exercise under “Project Ability Empowerment.”

Directing the National Law Universities to undertake a detailed and structured assessment of the implementation of the 2016 Act across all States and Union Territories, the Bench further ordered the National Law University, Delhi to undertake the exercise of mapping the extent of compliance with the provisions of the Rights of Persons with Disabilities Act, 2016, achieved by the Union of India. “For the purpose of ensuring effective coordination and meaningful engagement, the Secretary, Department of Social Justice and Empowerment, Union of India, shall depute an officer not below the rank of Joint Secretary to participate in the meetings to be convened by National Law University, Delhi in relation to the directions issued by this Court in the present order”, it directed.

The matter has now been listed on September 22, 2026, to receive the updated status reports from the National Law Universities.

Cause Title: Justice Sunanda Bhandare Foundation v. Union of India & Ors. (Neutral Citation: 2026 INSC 441)

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