Supreme Court Holds PwD Candidates Cannot Be Denied Appointment Due to Post Identification Issues; Directs Accommodation via Suitable or Supernumerary Posts

Held: The Supreme Court held that candidates with benchmark disabilities cannot be denied appointment solely due to post identification issues, particularly when subsequent statutory notifications expand suitability of posts, and directed that such candidates be accommodated in appropriate posts, including by creation of supernumerary posts where necessary.

Summary: The case arose from recruitment under the SSC Combined Graduate Level Examination, 2018, where a PwD candidate suffering from mental illness was recommended for appointment as Auditor under the CAG but was later rejected on the ground that the post was not identified as suitable for such disability. The candidate challenged the rejection before the CAT, which allowed his claim subject to medical fitness, but the High Court reversed the decision. Another similarly situated candidate approached the Supreme Court. The Court examined the impact of the Gazette Notification dated 04.01.2021 issued under the Rights of Persons with Disabilities Act, 2016, which expanded the list of posts suitable for benchmark disabilities including mental illness and specific learning disabilities. The Court noted that subsequent policy changes removed the earlier impediment and that the employer itself expressed willingness to accommodate the candidates. It held that rigid adherence to earlier identification lists cannot defeat the statutory mandate of inclusion and equal opportunity.

Decision: The Supreme Court disposed of the appeal by directing the Staff Selection Commission to forward the dossiers of the appellant and similarly situated candidate to the CAG within two weeks, and directed that they be considered for appointment to suitable Group ‘C’ posts; it further ordered that if vacancies are unavailable, supernumerary posts be created to accommodate them, with appointments taking effect from the date of joining, and disposed of all pending applications accordingly.