Grant Reservation To Military Cadets Disabled 40% Or More During Training Under Ex-Military Personnel Quota : Supreme Court To States/UTs

To strengthen the welfare and rehabilitation of cadets discharged from military training due to disabilities, the Supreme Court has directed States and Union Territories to consider granting reservation to such “out-boarded” cadets with 40% or more disability under the Ex-Military Personnel (Ex-MP) quota, while affirming their entitlement to reservation benefits under Section 34 of the Rights of Persons with Disabilities Act, 2016.Out-boarded cadets are those who are discharged from the military service owing to the disability sustained during the training. While hearing the suo motu case, a bench of Justice B.V. Nagarathna and Justice Manmohan directed the States/UTs to consider the grant of reservation benefits to such out-boarded cadets under Section 34 of the RPwD Act, which mandates reservation of at least four percent of vacancies 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 applications for employment accordingly in the reserved category in terms of the aforesaid Act...The States are directed to consider granting reservation to out boarded cadets in the quota of “ExMilitary Personnel (Ex-MP)” so that the prospects of employment of these persons in the reserved category would be enhanced in the States and Union Territories within the respective cadres of posts in the services under the States.”, the Court said.In essence, the bench expanded the scope of the 'ex-servicemen' to include the out-boarded cadets, who suffered 40% or more benchmark disability, to grant reservation benefits under the RPwD Act. A copy of the order was directed to be served upon the Chief Secretaries of the States/UTs for implementation of the reservation.“…the Registry of this Court to dispatch a copy of this order to the Chief Secretaries of the States for their consideration and implementation in terms of Section 34 of the aforesaid Disabilities Act. The said consideration shall be de hors the definition of “Ex-Servicemen” given by the Department of Personnel and Training (DoPT) of the Central Government.”, the Court said. Centre may frame suitable scheme for out-boarded cadets who suffered less than 40% disability The Court also addressed concerns regarding cadets whose disabilities fall below the benchmark threshold of 40 percent prescribed under the Rights of Persons with Disabilities Act, 2016. Observing that such individuals may not be eligible for benefits under the statute despite being invalidated from service, the Court directed the Union Government to explore a separate welfare mechanism for them. The Union's counsel was asked to obtain instructions on framing a suitable scheme for cadets who are out-boarded despite having disabilities below the statutory benchmark. “…those cadets who are nevertheless out-boarded and in respect of whom the aforesaid Act does not apply, a suitable scheme may be prepared and extended to them.”, the Court said.Individual cadets' writ petition not barredClarifying the scope of the suo motu proceedings, the Court held that the pendency of the suo motu case before it would not prevent individual cadets from pursuing separate writ petitions before High Courts. The Court further granted liberty to petitioners whose cases may have been disposed of due to the pendency of the suo motu proceedings to seek revival of their petitions before the respective High Courts. “We also make it clear that the pendency of this Petition before this Court would not come in the way of Writ Petitions filed by individual persons seeking their respective reliefs before the High Court being considered on their own merits. In case those Petitions have been disposed of on account of the pendency of this Suo moto Writ Petition, liberty is reserved to those petitioners to make an application seeking revival of their Writ Petitions before the respective High Courts.”, the Court said. The matter is listed next on 08.09.2026. Cause Title: IN RE: CADETS DISABLED IN MILITARY TRAINING STRUGGLECitation : 2026 LiveLaw (SC) 771Click here to download orderSmt. Rekha Palli, Sr. Adv. appeared as Amicus Curiae Mrs. Aishwarya Bhati, A.S.G. appeared for the Union

Grant Reservation To Military Cadets Disabled 40% Or More During Training Under Ex-Military Personnel Quota : Supreme Court To States/UTs

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Yash Mittal

Grant Reservation To Military Cadets Disabled 40% Or More During Training Under Ex-Military Personnel Quota : Supreme Court To States/UTs

Yash Mittal

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