Supreme Court permits appointment of PwD candidates after post is later notified as suitable
Background of the dispute
The matter in Sudhanshu Kardam Vs Comptroller and Auditor General of India and Ors. (Supreme Court of India) arose out of recruitment to the post of Auditor through the Combined Graduate Level Examination-2018 (CGLE-2018) conducted by the Staff Selection Commission (SSC) for various Group ‘B’ and Group ‘C’ posts across Central Government Ministries and Departments.
Under the tentative vacancy list dated 27 December 2019, the post of ‘Auditor’ in the office of the Comptroller and Auditor General of India (CAG) carried two vacancies reserved under the “Other PwD” category.
One of the affected candidates, Shri Amit Yadav (respondent no. 3), and another candidate, the appellant – Sudhanshu Kardam, both persons with benchmark disabilities, became central to the controversy when their candidature for the Auditor post was later rejected on the ground of unsuitability of the post for their disability category, despite their having cleared the entire recruitment process.
Facts relating to respondent no. 3 – Shri Amit Yadav
Examination and selection
- Shri Amit Yadav applied for the Auditor post (Post Code D33) in SSC CGLE-2018.
- He applied under:
- the “Persons with Disabilities – Other” (Other PwD) category, and
- the Other Backward Class (OBC) category.
- He held a disability certificate dated 2 May 2018 issued by the Department of Empowerment of Persons with Disabilities (DEPwD), Ministry of Social Justice and Empowerment, certifying:
- disability: “mental illness”
- degree of disability: 55% (benchmark disability).
He successfully qualified:
- Tier-I and Tier-II of CGLE-2018;
- Subsequently cleared Tier-III, with result declared on 30 September 2020, making him eligible for Tier-IV (Skill Test/Document Verification).
Upon being required to furnish his post preferences, he chose the post of ‘Auditor’ (Post Code D33). Thereafter, the final vacancy list uploaded on 15 March 2021 indicated that he was recommended for appointment to the Auditor post under CAG.
Rejection of candidature by CAG
Later, on 28 September 2021, the CAG released a State/Office Allocation List. In this list it was noted that the dossiers of certain candidates, including Shri Amit Yadav, were being returned to SSC due to the following reason:
The post of ‘Auditor’ was not identified as suitable for Persons with Benchmark Disabilities (PwBD) having “mental illness”.
This position was formally conveyed to him by letter dated 30 September 2021, thereby rejecting his candidature for the Auditor post.
Representations and approach to CAT
Aggrieved, Shri Amit Yadav:
- Submitted a detailed representation dated 29 September 2021 to SSC, contesting the rejection as arbitrary;
- Filed two online grievances with the Department of Personnel and Training (DoPT) on 8 October 2021;
- Sent an e-mail dated 23 October 2021 urging reconsideration in light of his eligibility.
With no favourable action from the authorities, he approached the Central Administrative Tribunal, Delhi Bench (CAT) by filing O.A. No. 339 of 2022, invoking the provisions of the Rights of Persons with Disabilities Act, 2016 (RPwD Act) and seeking appointment.
Reliance on 4 January 2021 notification
Before CAT, Shri Amit Yadav placed strong reliance on Gazette Notification No. 38-16/2020-DD-III dated 4 January 2021 issued by the Ministry of Social Justice and Empowerment, DEPwD. His key contention was:
The notification specifically included mental illness as a benchmark disability suitable for the post of ‘Auditor’.
On this basis, he argued that once the Central Government had notified this suitability, rejection of his candidature could not be sustained.
Decision of CAT
By its order dated 23 January 2023, CAT allowed his Original Application and:
- Directed CAG (respondent no. 1) to constitute a Medical Board to examine whether he was medically fit to discharge the functions of an Auditor; and
- Stated that if held fit by the Medical Board, he should be offered appointment to the Auditor post.