Delhi High Court Sets Aside CAT Order on PwBD Reservation in Northern Railways

High Court Clarifies Horizontal Reservation Principles for Persons with Benchmark Disabilities in Promotional Posts

In a significant judgment, the Delhi High Court has overturned the Central Administrative Tribunal (CAT)'s decision regarding the reservation process for Persons with Benchmark Disabilities (PwBDs) in Northern Railways. The court emphasized that PwBD reservations are horizontal and must cut across the vertical reservations for categories like SC, ST, and OBC, clarifying the methodology for filling promotional posts.

The case arose from a petition filed by Northern Railways challenging the CAT's directive to reconsider the promotional process for the post of Senior Clerk/Commercial. The Tribunal had previously ruled that PwBDs constitute a separate class and should be selected independently, a stance the High Court found erroneous.

The bench, comprising Justices Navin Chawla and Madhu Jain, pointed to the Rights of Persons with Disabilities Act, 2016, and associated rules, stating that PwBD reservations must be maintained as a separate class but within the framework of horizontal reservation. This means that after filling the vertical reservation quotas, the number of PwBD candidates in each category should be determined, ensuring their rightful placement without disrupting the established vertical reservation order.

The High Court further referenced the Supreme Court's judgments in cases like Anil Kumar Gupta v. State of U.P. and Rajesh Kumar Daria v. Rajasthan Public Service Commission, which provided a clear procedure for applying horizontal reservations. The court reiterated that the process involves filling the vertical reservation categories first and then adjusting PwBD candidates within those categories based on their merit and category.

The decision impacts the promotional prospects of Amzad, a PwBD candidate from the unreserved category, who was initially excluded due to the presence of another candidate, Mr. Lakhender Kumar Paswan, who fulfilled both the SC and PwBD criteria. The court found Northern Railways' approach consistent with legal provisions, as Mr. Paswan was rightly considered against both the SC and PwBD vacancies, negating the need for reconsideration of Amzad's case.

The judgment underscores the necessity of adhering to established horizontal reservation principles, ensuring that PwBD candidates are integrated appropriately within the existing reservation system without altering the vertical reservation structure.

Bottom Line:

Rights of Persons with Disabilities Act, 2016 - Reservation for Persons with Benchmark Disabilities (PwBDs) is horizontal and cuts across vertical reservations - PwBD candidates are to be placed in the appropriate category (SC/ST/OBC/Unreserved) in the roster meant for vertical reservation.

Statutory provision(s): Rights of Persons with Disabilities Act, 2016; Rights of Persons with Disabilities Rules, 2017; Office Memorandum dated 17.05.2022; Office Memorandum dated 28.12.2023.

Northern Railways v. Amzad, (Delhi)(DB) : Law Finder Doc Id # 2800158