Persons with Disabilities – Recruitment to Government service – Combined Graduate Level Examination, 2018 – Post of Auditor – Candidate suffering from “mental illness” (55% disability) recommended by SSC – Dossier returned by CAG on ground that post not suitable for such disability – Legality – Subsequent Government Notification dated 04.01.2021 identifying posts suitable for benchmark disabilities – Effect – Held, in view of said notification and affidavit of CAG expressing willingness to accommodate candidates in suitable Group ‘C’ posts, there remained no impediment to consider them for appointment – SSC directed to forward dossiers – Appointment to be made accordingly.

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Persons with Disabilities – Recruitment to Government service – Combined Graduate Level Examination, 2018 – Post of Auditor – Candidate suffering from “mental illness” (55% disability) recommended by SSC – Dossier returned by CAG on ground that post not suitable for such disability – Legality – Subsequent Government Notification dated 04.01.2021 identifying posts suitable for benchmark disabilities – Effect – Held, in view of said notification and affidavit of CAG expressing willingness to accommodate candidates in suitable Group ‘C’ posts, there remained no impediment to consider them for appointment – SSC directed to forward dossiers – Appointment to be made accordingly.

(Paras 5–9, 11, 17–21)

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Rights of Persons with Disabilities Act, 2016 – Identification of posts suitable for benchmark disabilities – Government notification dated 04.01.2021 – Inclusion of new disability categories such as autism, specific learning disability and mental illness – Supersession of earlier list of 2013 – Effect on recruitment process.

(Paras 11, 17)

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Service Law – Recruitment process – Candidate recommended by Staff Selection Commission – Rejection of candidature by cadre controlling authority – Challenge before Central Administrative Tribunal – Tribunal directing constitution of Medical Board and possible appointment – High Court setting aside Tribunal order – Matter before Supreme Court – Resolution through administrative accommodation following policy change.

(Paras 10–13, 15–21)

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Persons with Disabilities – Reservation in public employment – Candidate with benchmark disability and another similarly situated candidate – Court ensuring accommodation in suitable posts – Direction to authorities to forward dossiers and consider appointment – If notified posts already filled, supernumerary posts to be created to accommodate candidates.

(Paras 19–21)

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Administrative law – Subsequent policy development during pendency of litigation – Government authority expressing readiness to implement revised policy – Court disposing appeal by issuing directions for implementation rather than adjudicating earlier dispute.

(Paras 18–21)

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Directions issued – SSC to forward dossiers of appellant and respondent candidate within two weeks – CAG to consider appointment to identified Group ‘C’ posts suitable for their disabilities – If original vacancies filled, supernumerary posts to be created – Appointment to take effect from date of joining.

(Para 21)

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Result: Civil Appeal disposed of with directions. (Para 22)