Hardik Choudhari

Introduction

Disability rights in India have come a long way from being seen as charity to being recognized as a matter of justice. Thanks to the Rights of Persons with Disabilities (RPWD) Act, 2016, people / persons with disabilities (PWDs) today are not just passive recipients of welfare—they’re rights-bearing citizens, equal in dignity and participation. But one area that still raises plenty of questions, especially in law schools and policy circles, is the system of reservations in education and public employment.

Recently, while chatting with a few friends at law school, we stumbled into an energetic debate around three deceptively simple but surprisingly complex questions. First, what happens if a PWD gets a seat or job on merit in the General Category—do they lose their claim to disability-related benefits in the future? Second, what if someone who had no disability at the time of selection meets with an accident and acquires one later—do they then get counted as a PWD? And third, if PWD reservations exist, why would someone still opt for the General Category?

In exploring these questions, we also get a clearer look at what our legal system says about merit, identity, fairness, and choice when it comes to disability rights.

Legislative and Constitutional Review

Let’s set the ground first. The RPWD Act, 2016 replaced the earlier 1995 law and brought a fresh, rights-based approach to disability. It recognized 21 types of disabilities and laid down a 4% reservation in government jobs and 5% in higher education for people with benchmark disabilities (which means 40% or more of a listed disability).

Importantly, the law works through a system called horizontal reservation. Unlike vertical reservation (like SC/ST/OBC categories), horizontal reservations cut across and apply within all categories. So a PWD who’s also an SC candidate can claim the benefit of both. It’s a way to ensure more targeted inclusion.

The constitutional backing? THE HOLY SQUAD! Articles 14 (equality before law), 15 (non-discrimination), 16 (equal opportunity in public employment), and 21 (right to life and dignity) are all at play here. Even though disability isn’t specifically mentioned in Articles 15 and 16, the spirit and subsequent legal interpretations clearly include it under the umbrella of anti-discrimination and equality.

Question 1: If a PWD Competes in the General Category on Merit, What Is Their Status?

Let’s say a person with a valid disability certificate applies for a college seat or a government job. They don’t use any relaxation—no age extension, no lower qualifying marks—and they score high enough to make it on merit under the General Category. Are they still considered a PWD?

Yes. Absolutely.

This is known as the “own merit” principle. Government circulars (like the Department of Personnel and Training’s Office Memorandum from January 1997, among others) make it clear: if a person with disability is selected on merit without availing any reservation benefits, they are counted under the General Category—and the seat reserved for PWDs remains untouched.

But here’s the key part: just because they chose to compete in the General Category once, doesn’t mean they give up their rights as a person with disability for future opportunities. Their disability certificate remains valid. They can apply under the PWD quota next time if they want to. This isn’t a one-time-only ticket.

Courts have supported this view too. The point is to give people choice. Some candidates feel confident enough to go for the General Category. That doesn’t mean others who need the reservation should lose out. It’s about preserving the quota and respecting autonomy at the same time.

Question 2: What Happens When a Person Acquires Disability After Admission/Employment?

Now let’s flip the script. This question actually came up during our law school discussion because someone raised a real-life hypothetical: what if a person—let’s say a student or employee—was born without any disability, gets into college or a job under the General Category, but later suffers an accident that causes a permanent disability? Do they then get considered as PWDs?

According to the law, yes.

The RPWD Act recognizes acquired disabilities just as much as congenital ones. If a person meets the benchmark disability criteria (40% or more, certified by an authorized medical board), they become eligible for all the rights and protections under the law—reservation, accommodations, protection against discrimination, and so on.

In employment, Section 20 says clearly: a person who acquires a disability cannot be thrown out or demoted. They should either be retained in their current role with reasonable accommodation or moved to a suitable post with the same pay and benefits.

In education, Section 16 mandates institutions to make sure that students with disabilities get proper support—including after they’ve already joined. That means you can’t be denied support just because the disability occurred later.

Question 3: Why Should a PWD Occupy a General Category Seat When Reservations Exist?

This one’s more philosophical, but very relevant. If PWDs have a reservation quota, why should they choose to compete in the General Category? Isn’t that defeating the whole purpose?

Here’s the thing: reservation is a tool, not a label. It’s there to ensure opportunity—not to restrict one’s ambition. Some people with disabilities prefer to compete in the General Category because they want to challenge themselves. Others feel more confident not using the relaxed standards. And sometimes, candidates know their scores are good enough and choose not to take a reserved seat so someone else who might need it more can benefit.

The law gives them that choice—and rightly so. There’s no rule that forces a PWD to use the reservation. In fact, many women, OBC, and minority candidates also choose to apply under the General Category if they think they’ll make it on merit.

Critics often worry that this creates inefficiencies or misuses the reservation system. But that’s not how the law sees it. The DoPT has clarified that if a PWD gets selected on their own merit, the reserved seat is still open for someone else. It’s a win-win.

Socially, this flexibility is powerful. It lets people define themselves by their achievements, not their disabilities. It challenges the idea that disability equals dependence. And honestly, if a candidate has the talent and the grit to make it to the General Category—why stop them?

Conclusion

Disability reservations in India are about a lot more than quotas. They’re about creating a space where people with disabilities can thrive—not because someone did them a favour, but because the system was designed to be fair.

From allowing PWDs to compete on merit, to recognizing acquired disabilities as fully valid, to respecting the choice to opt in or out of reservation—the Indian legal framework has taken some bold and thoughtful steps forward. Are there gaps and challenges? Of course. But the core idea is this: inclusion doesn’t mean one-size-fits-all. It means giving people the tools, flexibility, and dignity to chart their own path.

If you’ve ever found yourself in a similar debate or this blog sparked some fresh perspectives, let’s keep the conversation going. Drop your thoughts in the comments, share it with your peers, or message me directly—because the more we talk about this, the closer we get to real, lasting inclusion.