New Delhi: Disabled military cadets reservation has received a major boost after the Supreme Court directed States and Union Territories to consider granting reservation benefits to military cadets who suffered 40% or more disability during training.
The Court said these cadets should be considered for benefits under the Ex-Military Personnel (Ex-MP) quota and also remain eligible for reservation under the Rights of Persons with Disabilities Act, 2016. The decision aims to improve rehabilitation, employment opportunities, and social security for cadets who were forced to leave military training due to injuries or disabilities.
Disabled Military Cadets Reservation: What Did The Supreme Court Say
A Bench of Justice B.V. Nagarathna and Justice Manmohan heard the suo motu case titled In Re: Cadets Disabled In Military Training Struggle. The Court directed States and Union Territories to consider extending reservation benefits to “out-boarded” cadets under the Ex-Military Personnel quota. These are cadets who were discharged from military training after suffering disabilities during training.
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The judges observed that such cadets deserve support because their disabilities were sustained while preparing to serve the nation.
Who Are Out-Boarded Cadets
Out-boarded cadets are trainees who join military academies such as the National Defence Academy (NDA), Indian Military Academy (IMA), or other defence institutions but are medically discharged after suffering injuries or disabilities during training. Many of these cadets are young and unable to continue their military careers despite undergoing rigorous training.
Disabled Military Cadets Reservation: Reservation Benefits Under RPwD Act
The Supreme Court clarified that cadets who suffer benchmark disabilities of 40% or more are entitled to benefits under Section 34 of the Rights of Persons with Disabilities (RPwD) Act, 2016. Section 34 provides a minimum reservation in government jobs for persons with benchmark disabilities. The Court said these cadets should be allowed to apply under the reserved category.
Ex-Military Personnel Quota Recommendation
The Court urged States and UTs to consider including disabled out-boarded cadets within the Ex-Military Personnel category for employment purposes. According to the Court, this move can significantly improve their chances of securing government jobs and rebuilding their careers after losing the opportunity to serve in the armed forces. The Supreme Court Registry has also been directed to send copies of the order to Chief Secretaries of all States and UTs for implementation consideration.
Disabled Military Cadets Reservation: What About Cadets With Less Than 40% Disability
The Court noted that some cadets suffer disabilities below the 40% benchmark and may not qualify for benefits under the RPwD Act. To address this issue, the Court asked the Union Government to explore a separate welfare and rehabilitation scheme for such cadets so that they are not left without support. The government has been asked to examine possible assistance measures, including employment support and welfare benefits.
Individual Petitions Still Allowed
The Supreme Court also clarified that individual cadets can continue filing separate petitions before High Courts. The pending suo motu proceedings will not prevent affected cadets from seeking individual legal remedies. Those whose cases were previously disposed of due to the ongoing proceedings may also seek revival of their petitions.
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