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2026 Supreme(Online)(SC) 1624

Sanjay Karol, Nongmeikapam Kotiswar Singh, JJ
West Bengal State Electricity Transmission Co. Ltd. – Appellant
Versus
Dipendu Biswas – Respondent


Table of Content
1. factual background regarding recruitment, horizontal reservation, and conflicting high court judgments. (Para 1)

NONGMEIKAPAM KOTISWAR SINGH, J.

1. The present appeal has been preferred against the judgment and order dated 07.05.2024 passed by the Signature Not Verified RAJNI MUKHI Date: 2026.04.07 Reason: Division Bench of the High Court at Calcutta in MAT

69/2024 with CAN 1 of 2024, whereby the order passed by the Single Bench in WPA 26312/2023 was set aside. 2. The core issue involved in this appeal relates to the manner of filling of a vacancy reserved for Person with Disability with Low Vision (PWD-LV) in the Unreserved category UR (PWD-LV)1, where the recruitment notification stipulated that in case of non- availability of qualified unreserved candidate in the PWD-LV category, the vacancy will be filled up by PWD candidates of other categories as per merit.

3. By the impugned order, the Division Bench of the Calcutta High Court held that when a qualified unreserved PWD-LV candidate is available, the vacancy is to be filled up by the qualified unreserved candidate

1 UR (PWD-LV): Unreserved (Persons with Disabilities – Low Vision or

Blindness)

only, even though ther

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