Rights of Persons with Disabilities Act, 2016
Subject : Constitutional Law - Service Law
The High Court of Chhattisgarh, led by Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, has delivered a significant verdict reinforcing the principle of "estoppel by conduct" in public employment. The court ruled that candidates who participate in a recruitment process with full knowledge of the rules cannot turn around to challenge the selection method after being declared unsuccessful.
The dispute arose following an advertisement by the Chhattisgarh Public Service Commission (CGPSC) in 2019 for the recruitment of 1,384 Assistant Professors. The appellant, a visually impaired candidate, challenged the recruitment process, arguing that the failure to reserve 2% of the posts for visually impaired (VH) candidates in the Commerce faculty violated Article 16(1) of the Constitution and provisions of the Rights of Persons with Disabilities Act, 2016. The appellant argued that previous recruitments had provided such reservations, making the current omission arbitrary.
The Appellant's Stance: The appellant, appearing in person, contended that the absence of reservation for visually impaired candidates in the Commerce faculty was illegal and discriminatory. He sought a direction to the CGPSC to issue a corrigendum providing the requested 2% reservation for both current and backlog vacancies.
The Respondent's Stance: The CGPSC and the State government maintained that the identification of posts for reservation is the sole prerogative of the appointing authority. They submitted that a 100-point roster was followed as per policy, and reservation was provided for other categories of disability (OA and OL) based on the nature of the duties required for teaching Commerce. Furthermore, the respondents argued that the appellant lacked locus standi to challenge the process after voluntarily participating and failing to secure a position.
The Court relied heavily on established legal principles regarding the sanctity of the selection process. Citing the Supreme Court judgment in Madan Lal v. State of Jammu & Kashmir , the Bench observed that candidates who take a "calculated chance" in an examination cannot claim the process was unfair only after receiving unfavorable results. This principle was further bolstered by references to Dhananjay Malik v. State of Uttaranchal and Ramesh Chandra Shah v. Anil Joshi , which confirmed that courts should be reluctant to interfere with academic and recruitment matters formulated by experts.
Additionally, the Court noted that under the Rights of Persons with Disabilities Act, 2016 , the government has the discretion to interchange posts among disability categories based on the nature of the work—a power the State exercised reasonably in this instance.
The Chhattisgarh High Court dismissed the writ appeal, affirming the decision of the Single Judge. The Court held that the recruitment process was conducted in accordance with the established rules and that the petitioner, having participated without protest, could not challenge the selection list once he was found unsuccessful. The judgment effectively limits the ability of candidates to contest recruitment criteria after the fact, reinforcing the finality of public selection processes.
Recruitment - Selection Process - Judicial Interference - Public Interest - Employer Discretion
#ServiceLaw #DisabilityRights
Kerala High Court Salutes R. Rajesh's Supreme Sacrifice, Urges Vigilance in Kochi Flood Prevention
08 Aug 2026
Supreme Court Backs Balanced Calcutta High Court Order on TMC Frozen Accounts in ED Probe
12 Aug 2026
Subsisting Contract Cannot Create Continuing Cause of Action for Time-Barred Debt: Supreme Court
13 Aug 2026
Supreme Court Records Centre's Assurance That Pre-2026 Transgender Identity Cards Stay Valid
17 Aug 2026
Allahabad High Court Grants Bail to Javed Akhtar in GST ITC Fraud Case, Citing Undue Delay
19 Aug 2026
SC Collegium Recommends Appointing Advocate, Judicial Officer to Gauhati High Court
19 Aug 2026
Supreme Court Rules Caste Abuse Inside Closed Room Not Public View Under SC/ST Act
21 Aug 2026
Bombay High Court Pulls Up BMC for Defying Assurance on Bandra Football Ground
21 Aug 2026
RPNLUP Denies Recruitment Irregularities, Files Police Complaint Amid State Law Department Inquiry
21 Aug 2026
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.