The identification of posts for persons with disabilities under the RPWD Act allows for classifying vacancies without infringing on the required reservation quota, distinguishing between suitable positions for different disabilities.

JUDGMENT

01.07.2025

C. HARI SHANKAR, J.

1. The petitioners aspire for recruitment to various posts in the Western Railway. They are 100% Visually Impaired, [“VI” hereinafter]. They seek to be recruited against the quota reserved for VI candidates, for which purpose they participated in the selection process consequent on CEN, Central Employment Notice 01/2019 issued by the Railway Recruitment Cell, [“RRC” hereinafter]. On the ground that there are insufficient posts identified for 100% VI candidates, in which they can be appointed, they have not been found suitable for appointment. Aggrieved thereby, the petitioners approached the Central Administrative Tribunal, [“the Tribunal” hereinafter] by way of OA 2901/2023, OA 2441/2023, OA 2902/2023 and OA 3041/2023. The OAs were dismissed by the Tribunal by a common judgment dated 16 July 2024. Challenging the said judgment, the petitioners have invoked Article 226 of the Constitution of India, and are consequently before us.

2. We have heard Mr. S.K. Rungta, learned Senior Counsel for the petitioners and Ms. Monika Arora, learned CGSC for the respondents, at length. Written submissions have also been tendered by both sides, which have been duly considered.

3. Before proceeding to the facts, we may set out the relevant statutory provisions and administrative instructions governing the field, to which learned Counsels on both sides drew our attention.

4. The Right of Persons With Disabilities Bill, 2012, “the RPWD Bill” hereinafter

4.1 The Right of Persons With Disabilities Act, 2016, [“the RPWD Act” hereinafter], which unquestionably is the core statute with which we are concerned, was preceded by the RPWD Bill. The Statement of Objects and Reasons preceding the RPWD Bill read:

“The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 was enacted to give effect to the Proclamation on the Full Participation and Equality of the People with Disabilities in the Asian and Pacific Region. The Act defines Persons with Disabilities as those having not less than forty per cent disability and identified seven categories of disabilities, namely, blindness, low vision, hearing impairment, locomotor disability, mental retardation, mental illness and leprosy-cured.

2. Over a period of time, the conceptual understanding of the rights of persons with disabilities has become more clear and there has been worldwide change in approach to handle the issues concerning persons with disabilities. The United Nations adopted its Convention on the Rights of Persons with Disabilities laying down the principles to be followed by the States Parties for empowerment of persons with disabilities. India signed the said Convention and subsequently ratified the same on the 1st day of October, 2007. The Convention came into effect on the 3rd day of May, 2008. Being a signatory to the Convention, India has an international obligation to comply with the provisions of the said Convention which required an entirely new legislation.

3. In 2010, an Expert Committee constituted under the chairmanship of Dr. Sudha Kaul, Vice-Chairperson, Indian Institute of Cerebral Palsy, Kolkata submitted its report in 2011, suggesting a Draft Bill relating to the Rights of Persons with Disabilities. The draft Bill was extensively debated upon at various levels involving State Governments and Union territories and various stakeholders.

4. The salient feature