Resolution No. 13062 of 2017 Declared Non-Compliant with Rights of Persons with Disabilities Act, 2016; Recruitment Process Invalidated
In a significant ruling, the Patna High Court has invalidated the recruitment process for the posts of Junior Engineers in Bihar, citing non-compliance with the statutory provisions under the Rights of Persons with Disabilities Act, 2016. The judgment, delivered by Justice Bibek Chaudhuri on February 6, 2026, addressed the grievances of multiple petitioners who challenged the process on the grounds of inconsistency with Section 34(2) of the Act.
The writ petitions, led by Rajeev Ranjan and others, argued against the Bihar Technical Services Commission's (BTSC) recruitment process, which was based on a resolution issued by the state government in 2017. The petitioners contended that the resolution failed to adhere to statutory mandates regarding reservation for persons with disabilities.
Justice Chaudhuri emphasized that the recruitment process must conform strictly to the statutory framework set out by the central legislation. The court found that Resolution No. 13062 of 2017, which formed the basis of the recruitment, deviated from the statutory scheme enacted by Parliament, rendering the entire process unsustainable.
The judgment highlighted that any executive instruction or resolution that does not align with the statutory provisions is ultra vires. The court noted that the state government's subsequent 2021 resolution, intended as a clarificatory measure, could not rectify the foundational flaws in the recruitment process initiated under the 2017 resolution.
The court also referenced several Supreme Court judgments to support its findings, reiterating that executive instructions cannot override statutory provisions. The recruitment process, having been found inconsistent with the governing statute, cannot confer any enforceable right to appointment, the court ruled.
In dismissing the writ petitions, the court underscored that any rule that is not in conformity with the statutory provisions is liable to be set aside. It further stated that correcting statutory inconsistencies through subsequent notifications does not constitute an unlawful change in the rules of recruitment.
Bottom Line:
Recruitment process for Junior Engineer posts in Bihar under Rights of Persons with Disabilities Act, 2016 - Resolution No. 13062 of 2017 found inconsistent with Section 34(2) of the Act - Recruitment must strictly adhere to statutory provisions; executive instructions or resolutions cannot override the parent statute.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016, Section 34(2), Article 226 of the Constitution of India
Rajeev Ranjan v. State of Bihar, (Patna) : Law Finder Doc id # 2850330
