Administrative authorities must ensure transparency and fairness when conducting disability reassessments for recruitment. Where discrepancy exists between a previously issued valid disability certificate and subsequent internal findings, an independent medical board assessment is required to avoid arbitrary deprivation of constitutional and statutory rights.

ORDER

Hon’ble Mr. Manish Garg, Member (J) :

In the present Original Application, the applicant has prayed for the following reliefs:

“8.1. Set aside the order dated 02.05.2024 by way of which the applicant's candidature and selection for the post of ASO in CSS had been cancelled.

8.1. Set aside the order dated 13.09.2023 by way of which the applicant was directed to undergo a medical assessment to determine her disability percentage despite having a UDID card.

8.2. Direct the respondent no. 1 to issue an appointment letter to the applicant for the post of ASO in CSS and issue arrears of salary from 08.07.2023 i.e. when her counterparts had joined.

8.3. Direct the respondents to create a supernumerary post of ASO in CSS to accommodate the applicant in case of unavailability of any such post in the 2022–23 cycle.”

Learned counsel for the applicant also pressed for grant of interim reliefs, which read as under:

“9.1. Direct the LHMC to declare the result of the Applicant's reassessment dated 26.05.2025.

9.2. Stay the effect and operation of the cancellation order dated 02.05.2024 issued by Respondent No. 1.

9.3. Direct Respondent Nos. 1 and 2 to provisionally earmark one post of ASO under the PwBD category for the applicant till the final adjudication of this application.

9.4.Pass such other interim directions as this Hon'ble Court may deem just and proper in the facts and circumstances of the present case.”

Since the pleadings in the matter were complete, we took up the case for hearing and heard the same at length.

Highlighting the facts of the case, learned counsel for the applicant submitted that the present Original Application has been necessitated by the arbitrary, unlawful, and procedurally flawed actions of the respondents in cancelling the applicant’s duly secured candidature for the post of ASO in CSS, in gross violation of principles of natural justice and statutory protections.

Learned counsel further submitted that the impugned cancellation order dated 02.05.2024 was passed unilaterally without affording any opportunity of hearing, and is based on inconsistent, non-transparent, and legally unsustainable medical reassessments, despite the applicant possessing a valid disability certificate and UDID card reflecting 51% permanent benchmark disability.

Learned counsel contended that the repeated reassessments, conducted even at the same institution which earlier declared her ineligible, lack any statutory basis and directly contravene the provisions of the Rights of Persons with Disabilities Act, 2016, the binding Guidelines dated 04.01.2018, and clarifications issued by the Department for Empowerment of Persons with Disabilities.

Learned counsel further contended that the respondents have ignored material facts, including the absence of any report from RML Hospital, misrepresented medical findings, and failed to declare the result of the latest reassessment dated 26.05.2025, thereby keeping the applicant’s career in indefinite uncertainty.

Concluding the arguments, learned counsel for the applicant submitted that the actions of the respondents are discriminatory, arbitrary, and contrary to Articles 14, 21, 41 and 46 of the Constitution, as well as Sections 3, 20, 34, 56, 57 and 58 of the 2016 Act, and have frustrated the applicant’s legitimate expectation arising from her valid certification and successful selection; hence, the present OA has been filed.

Learned counsel for the applicant drew our attention to the impugned order dated 02.05.2024, which reads as under:

“WHEREAS, Ms. Khushbu, Rank: 32158, was recommended by SSC for the post of Assistant Section Officer (ASO) in CSS under UR-PwBD (Others) category on the basis of CGLE, 2022.

AND WHEREAS, as per the PwBD Certificate submitted by her, she suffers from Multiple disabilities of Blindness in left eye and Hearing Impairment in both ears with overall disability of 51%.

AND WHEREAS, vide this Department's letters dated 30.08.2023 and 14.11.2023, Ms. Khushbu was di