Supreme Court Upholds Rights of Disabled Candidates in Job Allocation Case, Sudhanshu Kardam and Amit Yadav to be appointed to Group 'C' posts under new disability guidelines
In a landmark ruling, the Supreme Court of India has directed the Comptroller and Auditor General of India (CAG) to consider the appointment of Sudhanshu Kardam and Amit Yadav to Group 'C' posts, following the revised identification of posts suitable for persons with benchmark disabilities. The judgment, delivered by a bench comprising Justice Vikram Nath and Justice Sandeep Mehta, comes in response to a special leave petition filed by Sudhanshu Kardam, a person with a specific learning disability.
The case originated when Amit Yadav, a candidate with a benchmark disability of mental illness, was initially recommended for the post of 'Auditor' by the Staff Selection Commission (SSC) following the Combined Graduate Level Examination-2018. However, his candidature was rejected by the CAG, citing the post as unsuitable for his disability category. The rejection prompted Yadav to approach the Central Administrative Tribunal (CAT), which ruled in his favor, only for the decision to be overturned by the Delhi High Court.
Sudhanshu Kardam, facing a similar predicament, joined the legal battle, asserting his right to an appointment under the Rights of Persons with Disabilities Act, 2016. The Supreme Court, upon reviewing the case and a notification dated 4th January 2021 from the Ministry of Social Justice and Empowerment, recognized that Group 'C' posts are now deemed suitable for individuals with specific learning disabilities and mental illness.
The Court ordered the SSC to forward the candidates' dossiers to the CAG within two weeks, ensuring their consideration for the identified posts. The judgment further mandates the creation of supernumerary posts if the advertised vacancies are filled, underscoring the commitment to uphold the rights of disabled individuals in public sector employment.
This decision marks a significant step towards inclusivity and equal opportunities for persons with disabilities in India, reinforcing the provisions of the Rights of Persons with Disabilities Act, 2016.
Bottom Line:
Candidates with benchmark disabilities entitled to appointment in identified posts - Posts under Group 'C' identified as suitable for candidates with disabilities such as Specific Learning Disability and Mental Illness - Appointments to be considered after recommendation from the Staff Selection Commission (SSC) and receipt of dossiers.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016 Sections 33 and 34
Sudhanshu Kardam v. Comptroller And Auditor General of India, (SC) : Law Finder Doc id # 2865032
