Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Reservation Eligibility for Persons with Disabilities (PwD) - Generally, candidates with disabilities can claim reservation if they fall within the identified categories and meet the criteria for benchmark disability. However, eligibility depends on whether the disability is recognized as qualifying under the specific reservation provisions and whether the post is identified for such disabilities. For example, in one case, a candidate not qualifying as physically handicapped due to disability severity was not entitled to reservation but was not deemed medically unfit ["Oil and Natural Gas Corporation Limited, through its authorised signatory Shri Gollapudi Ramakrishna VS Ranjan Tak, S/o. Shri Ram Pratap Tak - Rajasthan"].
Identification of Posts for PwD - Posts must be specifically identified for persons with disabilities under relevant government notifications. Reservation is applicable only if the post is identified for a particular disability category. If a post is not earmarked for PwD or the disability is not recognized for that post, the candidate cannot claim reservation ["Akshay Surana, S/o. Shri Dilip Surana VS State of Rajasthan through Secretary, Department of Higher Education - Rajasthan"], ["Ankit Kumar Sharma, S/o Shri Girraj Prasad Sharma vs State Of Rajasthan, Through Principal Secretary, Energy Department, Govt. Of Rajasthan - Rajasthan"].
Horizontal vs. Vertical Reservation - Reservation for PwD is horizontal, meant to be applied across categories (General, OBC, SC/ST). The Supreme Court and various judgments emphasize that reservation for PwD does not alter the merit but provides an additional layer of consideration. The scheme ensures that if suitable PwD candidates are available, they are considered within the same category, but if not, the reservation may lapse or be carried forward ["Akshay Surana, S/o. Shri Dilip Surana VS State of Rajasthan through Secretary, Department of Higher Education - Rajasthan"], ["Akshay Surana, S/o. Shri Dilip Surana VS State of Rajasthan through Secretary, Department of Higher Education - Rajasthan"].
Application and Misrepresentation - Candidates must accurately disclose their disability. Supplying false information or applying under a disability category not suffered by the candidate can invalidate their claim. Proper documentation and certification are essential ["Rutvik Rajeshbhai Jasoliya VS Gujarat Panchayat Service Selection Board - Gujarat"].
Post Identification and Filling - If no suitable PwD candidate is available, the vacancy can be filled by non-PwD candidates, but the reservation remains valid for future vacancies. The identification of posts for specific disabilities must be strictly followed, and interchange among categories is permissible only with prior approval ["Ankit Kumar Sharma, S/o Shri Girraj Prasad Sharma vs State Of Rajasthan, Through Principal Secretary, Energy Department, Govt. Of Rajasthan - Rajasthan"], ["George Mathew, S/o P. G. Mathew VS State Of Kerala - Kerala"].
Legal Precedents and Supreme Court Rulings - The Supreme Court has reiterated that reservation for PwD is horizontal and should not compromise merit. Also, the disability must be recognized as a benchmark disability to qualify for reservation benefits. The scheme aims to promote inclusivity without compromising standards ["Oil and Natural Gas Corporation Limited, through its authorised signatory Shri Gollapudi Ramakrishna VS Ranjan Tak, S/o. Shri Ram Pratap Tak - Rajasthan"], ["Akshay Surana, S/o. Shri Dilip Surana VS State of Rajasthan through Secretary, Department of Higher Education - Rajasthan"].
A person with a disability candidate can claim reservation for a post that has been publicly advertised as unreserved only if:
If the post is unreserved and not specifically earmarked for PwD, the candidate cannot claim reservation unless the employer has a policy or legal provision allowing PwD candidates to compete in unreserved posts, which is generally not the norm. Reservation is primarily applicable where posts are specifically reserved or identified for PwD.
Legal References:
In conclusion, a candidate with a disability cannot claim reservation for a post advertised as unreserved unless the post is specifically identified for persons with disabilities, and the candidate's disability qualifies under the relevant criteria.
In the competitive landscape of government jobs in India, reservation policies play a crucial role in promoting equality. But what happens when a post is publicly advertised as 'unreserved' or general category? Can a candidate with a disability still claim reservation benefits? This question often arises for persons with disabilities (PwD) navigating recruitment processes.
The core issue: Whether a Person with Disability Candidate can Claim Reservation for a Post that has been Publicly Advertised as Unreserved? This blog post provides a detailed legal opinion, drawing from statutes like the , the , and relevant court judgments. Note: This is general information, not specific legal advice. Consult a qualified lawyer for your case.
Generally, a person with disability candidate cannot claim reservation for a post publicly advertised as unreserved (general category) unless the reservation specifically applies to unreserved posts or the post is identified for reservation for persons with disabilities. Reservation rights are contingent upon the post being designated as reserved at the time of advertisement or identification in accordance with applicable laws and rules.
This position ensures fairness in recruitment, preventing arbitrary claims that could disrupt merit-based selections.
These principles stem from statutory mandates requiring periodic identification of suitable posts for reservation.
Under (and corresponding provisions in the RPwD Act, 2016), authorities must identify posts suitable for PwD and review them periodically. Until identified as reserved, PwD candidates cannot claim benefits against that post.
The RPwD Act strengthens this: mandates not less than 4% reservation in vacancies for specified disabilities, but only in identified posts. As one judgment notes, of the Act of 2016 makes reservation not less than 4% of the total number of vacancies in the cadre.... This underscores that reservation is not automatic but tied to earmarking.
Public advertisements classify posts clearly: unreserved means open to all on merit. Courts have held that PwD cannot claim reservation against non-designated posts at advertisement time. For instance, in a case on Assistant Registrar posts, There was no vacancy advertised for PWD category candidate, and candidates could not be adjusted across advertisements. The court emphasized, reservation for PWD candidates is horizontal and candidates must be appointed against vacancies exclusively earmarked for them.
(cutting across vertical categories like SC/ST/OBC) still requires specific earmarking. PwD selected on merit in general seats do not vacate reserved seats.
Judgments reinforce this:- In Rajasthan Judicial Service, reservation for handicapped persons applies only to identified posts; unreserved posts do not qualify. UNION OF INDIA VS M. SELVAKUMAR - 2017 2 Supreme 51- For Technical Assistant posts, one post was earmarked for physical disability in a specific district, allowing claim only there. - No earmarked posts for certain disabilities (e.g., Locomotor or Cerebral Palsy) meant no claim, even if the candidate was meritorious elsewhere. The court ruled, The absence of earmarked posts for a specific disability category negates any claim for appointment under the physically handicapped quota.
Conversely, where posts are reserved but disability not specified in ads, courts may direct consideration if the candidate meets criteria. However, this does not extend to purely unreserved posts.
Rare exceptions exist:- Subsequent identification/reclassification: If unreserved initially but later notified as reserved for PwD, claims may arise. - Policy allowing carry-forward: Reverted reserved posts cannot arbitrarily fill unreserved ones without compliance. - Merit in general but disability aid: PwD excelling on merit (without relaxed standards) get general seats but not reserved ones unless applied against them.
(40% or more under ) is required for claims, but even then, post status governs. Less than 40% may bar reservation but not general eligibility.
If denied validly, pursue remedies only post-identification.
For Recruiting Bodies:
In summary, PwD reservation claims against unreserved posts are typically not sustainable unless the post is identified/reserved at advertisement or via valid reclassification. UNION OF INDIA VS M. SELVAKUMAR - 2017 2 Supreme 51 This upholds merit while protecting legitimate quotas.
Key Takeaways:- Reservations are post-specific and identification-dependent.- Horizontal nature requires exclusive earmarking. - Always check official rosters and notifications.
This analysis draws from established precedents like , , UNION OF INDIA VS M. SELVAKUMAR - 2017 2 Supreme 51, and others. For personalized guidance, seek professional legal counsel. Stay informed to navigate reservations effectively!
References:1. – Post identification and roster system.2. – Disability definitions and identified posts.3. UNION OF INDIA VS M. SELVAKUMAR - 2017 2 Supreme 51 – Reservation at advertisement time.4. – RPwD Act .5. – .6. – Earmarking necessity.
#PwDReservation, #DisabilityQuota, #IndianLaborLaw
Therefore, even though Respondent No. 1-writ petitioner may not be entitled to claim benefit of reservation against the post reserved for physically handicapped candidate, he could not be treated as medically unfit. ... of Materials Management Officer, did not claim benefit of reservation as physically handicapped candidate as his disability was not up....
Learned counsel submitted that no candidate suffering from disability of blindness/low vision has been appointed/working on the post of Lecturer (Sanskrit). ... In the posts identified for each disability by the Government of India under section 32 and such reservation shall be treated as horizontal reservation: Provided that where the nomenclature of any post in the ....
Persons with disability specified under categories (a), (c), (d) & (e) may not be allowed reservation for this post. ... Further petitioners participated in the recruitment process, concealing their true nature of disability of Locomotor and showing themselves to be suffering from disability of Hard of Hearing and then invoked writ jurisdiction of High Court after obtaining legal #HL_STA....
The respondent-Commission instead of giving horizontal reservation to the person belonging to the “Differently-abled Persons” category has further wrongly categorize it for one post reserved for the “Unreserved Category Candidate/Open Category Candidate” and one for “O.B.C”. ... Section 34 of the Act of 2016 makes reservation not less than 4% of the total number of vacancies in the cadre....
Two vacancies to the post of Assistant Registrar were advertisement more than six months later, that is on 13.04.2010, and applications were invited for filling up one post under the UR category and one post under the OBC category. There was no vacancy advertised for PWD category candidate. ... As noted above, nine vacancies were advertised on 30.09.2009 for PWD which included six vacanc....
disability)” has been specifically earmarked as one of the disabilities and taking the same into account, the Panchayati Raj Department has earmarked one post of Technical Assistant in the Sheohar District for the candidate suffering from physical disability, pertaining to Chalan Divyangta (locomotor ... disability). ... as though one post in the Sheohar District has been earmarked for p....
No post was advertised under physically handicapped quota for the candidates suffering from Locomotor disability or Cerebral Palsy in the subject “Panchpargania” for Ranchi district. ... Ranchi and Saraikella- Kharsawan, one post each with respect to horizontal reservation was reserved for the candidates suffering from visual disability in the said subject under primary teacher quota as ....
It would also appear that the reservation, more particularly for the post in question i.e. Talati-cum-Mantri, did not specify the disability of BA/BL as being entitled for reservation. ... posts in the Panchayat Service as well as notified the categories of disabilities which would entitle the persons with disabilities to claim reservation. ... category, more particularly since in the ap....
Only when there is no person with benchmark disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with benchmark disability. ... be adjusted against the SC point in the reservation roster and the Unreserved candidate with benchmark disability against unre....
It would be appropriate to direct the respondents to consider the petitioner to be eligible candidate as the person with disability for the reserved post of Live Stock Inspector (Class-3) and therefore, the petitioner is declared as eligible candidate to the aforesaid post and if the petitioner is found ... As there was no specification regarding disability in the adver....
23. The petitioner was not suffering from a benchmark disability, as defined under Section 2(r) of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as the Act of 2016), i.e., a disability of 40% or more. In fact, the Disability Commissioner, vide communication dated 05.07.2003, certified that the petitioner had less than 20% disability, thereby disqualifying him from availing any reservation but simultaneously being unreasonably excluded from general selection. For th....
5. In view of the aforesaid, the competent authority to take an administrative decision on the candidature of petitioner objectively, within a period of 30 days from the date of receipt of web-print of this order, instead of keeping the same pending without conveying any reasons, either way. 4. Learned counsel for the petitioner argues that Clause 13(d) of the advertisement clearly states that candidates with 40% disability are eligible for reservation under the physically handicappe....
It has been thus submitted, the petitioner was entitled to be granted reservation as a person with disability by virtue of the Old Act. Accordingly, the petitioner was called for interview by granting age relaxation allowable to reserved category candidates, though on that date, he was more than 40 years of age, his date of birth being 01.07.1966. In fact, reservation was provided under the original notification dated 24.06.2006.
A look at the aforesaid conditions of the advertisement clearly suggests that persons with disability in one leg (OL) alone can claim reservation for the post reserved for disabled person, because OL, as a category of disability, has been specified for the purpose of reservation.
But the facts of the case at hand is little different. Inspite of suffering the physical disability of 'hearing impairment', she by dint of her own merit has competed with general candidates and have secured her position as a general candidate entitling her for admission into MBBS courses. The Writ petitioner here is not claiming the benefit of reservation for being a person with disability. The plea of the respondents is that inspite of her having qualified in the Entrance E....
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