CAT - ['Jabalpur']

Permanent disability certificate is mandatory for claiming reservation benefits under the PwD category.

BANTI KUSHWAHA vs DEPTT OF POSTS

CAT - ['Jabalpur']JUDGMENT: April 24, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, a student with a 40% temporary disability (low vision), applied for the post of Gramin Dak Sevak (GDS) under the 2023 "Special Drive" notification

Source reference: p. 2

He was provisionally shortlisted for the post of GDS BPM, Chainpur Branch Office, under the PWD-A category and was called for document verification on 10.10.2023

Source reference: p. 3

During verification, it was observed that his disability certificate, issued on 03.03.2023, classified his condition as "temporary" rather than "permanent"

Source reference: p. 4, 5

Consequently, the Superintendent of Post Offices, Vidisha, rejected his candidature via a letter dated 11.10.2023 (Annexure A/4)

Source reference: p. 2

The applicant challenged this rejection, asserting that his 40% disability should qualify him despite its temporary classification

Source reference: p. 2
02

Issues

1. Whether the respondents were legally justified in rejecting the applicant's candidature on the ground that he possessed a temporary disability certificate instead of a permanent one for reservation under the PWD category.

Source reference: p. 4 / para 5
03

Law Applied

The court applied the selection criteria stipulated in Notification No.-17-31/2023-GDS dated 20.05.2023

Source reference: p. 3

The guidelines issued by the Department of Personnel and Training (DoPT) and the Department of Posts mandate that reservation benefits for Persons with Disabilities (PwD) are only available to candidates who possess a Permanent Disability Certificate

Source reference: p. 4, 5

The rule establishes that temporary disability certificates do not meet the statutory eligibility requirements for securing employment under reserved categories for persons with disabilities

Source reference: p. 5
04

Reasoning

The Tribunal examined the nature of the applicant's disability certificate and the governing DoPT guidelines. It noted that while the applicant suffered from "Low Vision" with a 40% disability, the certificate itself was explicitly marked as "temporary" and valid only until 03.03.2028

Source reference: p. 4

The Tribunal reasoned that the recruitment process is strictly governed by the conditions set forth in the advertisement and the overarching DoPT instructions

Source reference: p. 4

Since the DoPT guidelines explicitly state that reservation benefits cannot be granted based on temporary certificates, the respondents' decision was found to be in strict accordance with the law

Source reference: p. 5

There was no discrepancy or illegality in the document verification process that would warrant judicial interference

Source reference: p. 5
05

Holding

The Tribunal answered the issue in the affirmative, holding that only permanent disability qualifies a candidate for reservation benefits under PWD categories as per current government regulations.

The court found no merit in the Original Application and upheld the rejection of the applicant’s candidature dated 11.10.2023. The Original Application was dismissed, and all pending Miscellaneous Applications were disposed of accordingly.

Source reference: p. 5
CAT - ['Jabalpur']

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BANTI KUSHWAHAvsDEPTT OF POSTS

CAT - ['Jabalpur'] · April 24, 2026

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