IMPORTANT POINT
The court ruled that the recruitment process for persons with disabilities must strictly adhere to the statutory mandates of the Rights of Persons with Disabilities Act, 2016, and any deviation renders the process invalid.

JUDGMENT :

1. All the above writ petitions raise the same and identical issue in the matter of selection to the post of Junior Engineer, so far as it relates to filling up of vacancies by way of horizontal reservation for handicapped candidates and relaxation in fitness criteria if sufficient number of candidates from this category are not available.

2. This Court proposes refer to the facts of C.W.J.C. No. 1373 of 2025 taking it as a leading case and the same fact is declared to be applicable in respect of the remaining writ petitions under consideration.

3. In C.W.J.C. No. 1373 of 2025, the writ petitioners are 35 in number. Similarly, there are 13 petitioners in C.W.J.C. No. 877 of 2025. In C.W.J.C. No. 4360 of 2025, there are 5 writ petitioners. C.W.J.C. No. 5463 of 2025 is filed by only one writ petitioner. And there are 3 writ petitioners in C.W.J.C. No. 11177 of 2025.

4. C.W.J.C. No. 1373 of 2025 is filed by the petitioners, praying for the following reliefs: -

i. For appropriate order/orders or direction/directions in the nature of writ of certiorari for quashing the Final Merit List published on 20.12.2024 by the Bihar Technical Services Commission in as much as it is in violation of the principles and provisions of Rights of Persons with Disabilities Act and as such same is discriminatory, illegal, irrational and arbitrary;

ii. For appropriate order/orders or direction/directions in the nature of writ of mandamus for an absolute reservation of 4% of total posts in favour of persons with disabilities and all sub-categories that are covered within its ambit and not allow for arbitrary carry forward of posts to unreserved category for subsequent recruitment;

iii. For appropriate order/orders or direction/directions in the nature of writ of mandamus for consideration of all petitioners for the posts advertised vide Advertisement No. 01/19 under the category of Persons with Disabilities;

IV. pass any other order/orders as deemed fit and appropriate by this Court.

5. In the other writ petitions, the relief prayed for are almost similar and identical, though construction of the same are little different for which the main purpose of filing of the writ petitions has not been altered or changed.

6. With the introduction, let me describe the fact of C.W.J.C. No. 1373 of 2025 and other writ petitions.

7. In all the writ petitions, the petitioners are Diploma holders in Civil Engineering from different institutions, recognized by All India Council for Technical Education (hereinafter referred to as “AICTE” for short). As per the provisions contained in Rights of Persons with Disabilities Act , 2016 (hereinafter referred to as “2016 Act” for short), more particularly following the provisions contained in Section 34 of the 2016 Act, the General Administration Department issued Resolution No. 13062, dated 12^th of October, 2017, stipulating reservation for persons with disabilities in appointment to Government Services to allow 4 per cent horizontal reservation for persons with disabilities in all posts and services of the State Government. The aforesaid resolution dated 12^th of October, 2017 states as follows: -

(ix) Where in any recruitment year a vacancy against a post under section 34 of the Rights of Persons with Disabilities Act , 2016 cannot be filled due to non-availability of a person with disability as aforesaid or for any other sufficient reason, it may be filled by interchange between the four categories in the same transaction and only if no person with disability is available for the post in that year, the employer shall fill the vacancy by appointi