The Madhya Pradesh High Court ordered the issuance of a fresh advertisement for appointments of disabled persons to class IV posts after noting that the impugned advertisement failed to comply with the condition giving preference to disabled persons suffering from higher disability.

The petitioner, a 19-year-old girl suffering from 92.5% disability as well as multiple disabilities had approached the High Court. She was aggrieved by the selection process whereby the private respondents who were also claiming themselves to be disabled, had been selected for class IV posts pursuant to the advertisement dated July 26, 2024.

The Single Bench of Justice Subodh Abhyankar held, “Thus, on the aforementioned discussion, this Court is of the considered opinion that the respondents have failed to comply with the condition no.4 of the circular dated 3.7.2018 as reproduced above, and noncompliance of the same has clearly vitiated the entire process of recruitment/selection process, and accordingly, the advertisement advertisement dated 26.7.2024 in W.P.No.41374/2024, W.P.NO.574/2025, W.P.NO.577/2025, advertisemnt dated 6.8.2024 in W.P.No.6233/2025 and advertisement dated 21.8.2024 in W.P.No.6235/2025 as also the appointments made thereunder are also hereby quashed.”

Arguments

It was the case of the Petitioner that while appointing the private respondents no.4, 5 and 6 (who have been arrayed subsequently), who are also disabled to some degrees, the respondents ignored the circular dated July 3, 2018, which provides that those disabled persons suffering from higher disability shall be given the preference in public employment.

It was also submitted that respondents.no.4, Aayush Sharma, respondent no.5/Rajkumar and respondent no.6/Mohit Gupta are suffering 75%,70% and 45% disability respectively whereas the petitioner is suffering 92.5%.

Reasoning

Referring to the advertisement in question, the Bench found that it had neither any reference to the Circular dated July 3, 2018, nor any intention regarding preference being given to the persons suffering from a higher percentage of disability, provided the disability does not come in the way of the duties attached to the post.

Taking a clue from State of Karnataka and others Vs. Ms. Latha H N (2024) that has dealt with the prevalent practice relating to the appointments of the disabled, the Bench found that it was not the case of the respondents that the persons with higher disability would not be able to perform the job as is required for the post advertised. The Bench also said, “...it appears that the respondents have lost sight of the fact that it is one thing to refer a circular in the advertisement and another to actually comply with it.”

“So far as the preference to be given to persons having higher percentage in the exam, this court is of the considered opinion that there is a high probability that when a person suffers from higher percentage of disability, his chances to excel in academics also reduce substantially, hence the condition no.4 of the advertisement dated 23.07.2024 (Annexure-R/3) as reproduced above is also runs counter to the spirit of the Rights of Persons With Disabilities Act, 2016”, the Bench said.

The Court further noted that the respondents failed to comply with the condition no.4 of the 2018 circular dated July 3, 2018 and noncompliance of the same had clearly vitiated the entire process of recruitment/selection process.

Thus, quashing the appointments of the private respondents, the Bench ordered, “The respondents are also directed to issue fresh advertisements for appointments of the disabled persons, strictly complying with the intent, letter and spirit of the circular dated 3.7.2018, as also the observations made hereinabove, as expeditiously as possible, also ensuring that the disability does not come in the way of the duties attached to the post.”

Cause Title: Siddhi Paal & Ors. Versus Kaushal Vikas Kshetriya Kaaryalaya and Others (Case No.: WRIT PETITION No. 41374 of 2024)

Appearance:

Petitioner: Advocate Shanno Shagufta Khan

Respondent: Dy.AG Kushal Goyal

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Madhya Pradesh High CourtJustice Subodh Abhyankar

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.