Group-D Aspirant Loses Disability-Quota Claim As Patna HC Upholds Rejection Over Certificate Not In 2007 Format

The appellant applied for empanelment to a Group-D post under an advertisement issued in 2012 and sought consideration under the disability quota. His disability certificate did not conform to the format prescribed by State Government Resolution No. 62 dated 5 January 2007. After an earlier writ petition resulted in a direction to the District Magistrate to decide his representation, the representation was rejected on that ground.

The appellant’s subsequent writ petition was dismissed, and he appealed, arguing that the prescribed format was not publicly available and that no candidates with disabilities had been appointed.

The Court applied State Government Resolution No. 62 dated 5 January 2007, which prescribed the form and requirements for disability certificates relevant to consideration for Government employment.

It relied on the Division Bench decision in L.P.A. No. 2044 of 2016, as described by the Single Judge, for the proposition that the prescribed format had to be followed even if the advertisement did not separately specify it.

The Court held that the selection was conducted in 2012, after the 2007 Resolution had been issued, and that the appellant was therefore required to provide a certificate conforming to its prescribed format.

It rejected the argument that the format’s alleged lack of public availability excused non-compliance and concluded that the Court could not grant appointment on the basis of a certificate that varied from the required form.

The submission that no candidates with disabilities had been appointed did not alter that conclusion.

It dismissed the appeal and made no order as to costs.