Madhya Pradesh High Court Upholds Rights of Disabled Candidates in Public Employment

Court orders appointment of a qualified candidate under the Right of Persons with Disabilities Act, 2016, utilizing provisions for backlog vacancies

In a significant ruling, the Madhya Pradesh High Court at Gwalior has directed the appointment of Vaishali Chaturvedi, a candidate with locomotor disability, to a backlog post for Shorthand Typist reserved under the Right of Persons with Disabilities Act, 2016. The court's decision, delivered by Justice Ashish Shroti, emphasizes the importance of ensuring proper representation of persons with disabilities in government employment.

The petitioner, Vaishali Chaturvedi, had contested the withdrawal of an advertised post for Hindi Stenographer and her subsequent non-selection for the Shorthand Typist position, despite the unavailability of a candidate in the Multiple Disability (MD) category. The court was tasked with interpreting Section 34(2) of the Right of Persons with Disabilities Act, 2016, which concerns the handling of backlog vacancies.

The core issue revolved around whether the unadvertised vacancies from 2019 could be considered backlog vacancies and thus eligible for filling through interchange among disability categories. The court held that vacancies identified in previous years but not advertised due to sufficient reasons, such as the COVID-19 pandemic, qualify as backlog vacancies. Consequently, these vacancies can be filled through interchange among disability categories when suitable candidates in the original category are unavailable.

Justice Shroti clarified that the recruitment year refers to the year of identification of vacancies, not the actual year of recruitment. The court emphasized that government efforts should aim to fill earmarked posts with persons with disabilities, and unfilled posts should be carried forward and filled appropriately through interchange when required.

The ruling is a landmark interpretation of the provisions designed to ensure adequate representation of persons with disabilities in government jobs, reinforcing the obligation of the state to adhere to legislative mandates. The court has ordered the respondent, the Employees Selection Board, to appoint Ms. Chaturvedi to the Shorthand Typist position within 90 days, thus setting a precedent for similar cases in the future.

Bottom Line:

Right of Persons with Disabilities Act, 2016 - Backlog vacancies identified in previous years but unfilled due to sufficient reasons, including non-advertisement, can be carried forward and filled through interchange among disability categories under Section 34(2).

Statutory provision(s): Right of Persons with Disabilities Act, 2016 Sections 34(1), 34(2)

Vaishali Chaturvedi v. State of Madhya Pradesh, (Madhya Pradesh)(Gwalior) : Law Finder Doc Id # 2801867