Disability Quota Cannot Be Used to Fill EBP General Category Posts: Punjab and Haryana High Court Holds PwD Candidate Must Be Adjusted Against Unreserved Vacancy Under Haryana’s 2014 Reservation Policy
Case Name: Kirti Rani v. State of Haryana and Others
Date of Judgment: 15 October 2026
Citation: CWP-29147-2017
Bench: Justice Harpreet Singh Brar
Held: The Punjab and Haryana High Court held that a general caste candidate selected under horizontal reservation for Persons with Disabilities (PwD) cannot be adjusted against a post reserved for Economically Backward Persons in the General Category [EBP(Gen)] under Haryana’s reservation instructions dated 15 July 2014. Such a candidate must be accommodated against an unreserved General category vacancy, and the EBP(Gen) post must be filled strictly on merit from eligible candidates of that category.
The Court clarified that horizontal reservation operates across vertical categories, but the adjustment must conform to the categories expressly recognised under the governing reservation policy.
Summary: The petitioner challenged the Haryana Public Service Commission’s recruitment of Assistant Professors (Commerce), alleging that a post reserved for EBP(Gen) candidates had been wrongly allotted to a visually handicapped candidate.
Of the 256 advertised Commerce posts, 13 were reserved for EBP(Gen) candidates. The petitioner secured 58.63 marks, whereas the selected PwD candidate secured 54.68 marks but was adjusted against the thirteenth EBP(Gen) vacancy.
Examining Haryana’s 2014 reservation instructions, the High Court found that Clause M of Paragraph 13 permits adjustment of PwD candidates against SC, BC or unreserved General category vacancies, but does not contemplate their adjustment against EBP(Gen) reserved posts. Further, Clause (vii) of Paragraph 12 prohibits candidates claiming reservation under another category from simultaneously availing the EBP(Gen) reservation benefit.
Relying on Indra Sawhney v. Union of India, Saurav Yadav v. State of Uttar Pradesh and BSNL v. Sandeep Choudhary, the Court reiterated that horizontal reservation must operate without unlawfully reducing the share of another reserved category.
The Court also distinguished Rekha Sharma v. Rajasthan High Court, observing that the governing recruitment provisions in that case expressly permitted adjustment against the category applied for, whereas Haryana’s applicable instructions contained no such provision for EBP(Gen).
Decision: The High Court quashed the adjustment of the PwD candidate against the EBP(Gen) vacancy and directed the Commission to reconsider the released post strictly according to merit within six weeks.
The petitioner was directed to be recommended for appointment if found next in merit and otherwise eligible. In that event, she would receive notional seniority and pay fixation from 17 August 2017, but actual monetary benefits only from joining.
Importantly, the Court protected all existing appointments, directing that the PwD candidate be accommodated against a vacant General category post or, if necessary, a supernumerary post.