P. B. Bajanthri, J.—The present writ petition is presented on behalf of the Ministry of Health and Family Welfare and All India Institute of Medical Sciences, Patna in assailing the CAT order dated 26.04.2024 passed in O.A. No. 050/00479/2023.

2. 2nd Petitioner – AIIMS issued an advertisement on 29.06.2019 to fill up one post of Medical Officer (Unani) (UR-01) in the institute on direct recruitment basis. Candidates who have applied for the post were subjected to written test on 29.09.2019. Thereafter, 2nd petitioner had shortlisted and invited for verification of documents for the purpose conducting interview on 19.12.2019. Thereafter, meeting is stated to have been conveyed by the 2nd petitioner to rectify the error committed in the advertisement dated 29.06.2019 insofar as reservation of the advertised vacancy as (UR-01) is to be rectified as (UR - PwBD) (Person with Benchmark Disability). It is defined under Section 2(r) of the Rights of Persons with Disabilities Act, 2016 (for short ‘Disabilities Act’). In other words, after taking note of Disability Act read with the relevant rules governing Medical Officer (Unani) post was required to be filled up by candidate of UR-PwBD. Thereafter, 2nd respondent cancelled the advertisement dated 29.06.2019 on 28.03.2023. Some of the candidates feeling aggrieved by the action of the 2nd petitioner – AIIMS, Patna, invoke remedy before this Court by filing CWJC No. 25504 of 2019 (Ziaul Haque and three others vs. All India Institue of Medical Sciences, Patna & Ors.) which was withdrawn on 15.03.2023. Thereafter, respondent – Dr. Sadia Fatima has filed an O.A. No. 050/00479/2023 with a relief insofar as quashing notification dated 28.03.2023 by which earlier advertisement was cancelled and consequential directions have been sought to appoint the respondent to the post of Medical Officer (Unani) in the 2nd petitioner’s institute while further granting seniority and other benefits.

3. During pendency of the Original Application before the CAT, Patna Bench, Patna (for short ‘CAT’), 2nd petitioner had re-notified the post while issuing advertisement on 26.10.2023. The same was taken note of by the CAT while deciding Original Application and proceeded to pass order to the extent that cancellation of recruitment notification dated 28.03.2023 and later advertisement dated 26.10.2023 are quashed and set aside and allowed the Original Application of the respondent - Dr. Sadia Fatima. Feeling aggrieved by the order of the CAT dated 26.04.2024, petitioners are before this Court by filing the present writ petition.

Submissions on behalf of the petitioners

4. Learned counsel for the petitioners – Dr. K.N.Singh, ASGI submitted that there is a serious error in the first advertisement insofar as non-consideration of social reservation roster point, while ignoring the fact that Unreserved one post was earmarked for UR-PwBD. On the other hand, advertisement dated 29.06.2019 is for open competition irrespective of disability persons. In the guise of rectifying the first advertisement, 2nd petitioner has taken a policy decision to cancel the advertisement dated 29.06.2019 and intended to issue a fresh advertisement and it was issued on 26.10.2023.

5. Learned counsel for the petitioners submitted that CAT has committed error in not appreciating the reasons for cancellation and re-notifying the post of Medical Officer (Unani) to the extent that it is Unreserved - PwBD. In other words, it is not open for the general candidate to participate in the process of selection and appointment. This exercise has been undertaken in the light of The Rights of Persons with Disabilities Act, 2016 read with the Rules, 2017 and reservation policy, the same has not been appreciated by the CAT. In Para 20 and 21, CAT has drawn inference that there is no difference between the first advertisement dated 29.06.2019 and second advertisement dated 26.10.2023. Therefore, action of cancellation of the first advertisement dated 29.06.2019 an