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. 2He 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. 3During 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, 5Consequently, the Superintendent of Post Offices, Vidisha, rejected his candidature via a letter dated 11.10.2023 (Annexure A/4)
Source reference: p. 2The applicant challenged this rejection, asserting that his 40% disability should qualify him despite its temporary classification
Source reference: p. 2Issues
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 5Law Applied
The court applied the selection criteria stipulated in Notification No.-17-31/2023-GDS dated 20.05.2023
Source reference: p. 3The 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, 5The 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. 5Reasoning
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. 4The 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. 4Since 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. 5There was no discrepancy or illegality in the document verification process that would warrant judicial interference
Source reference: p. 5Holding
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. 5Original Court PDF
BANTI KUSHWAHAvsDEPTT OF POSTS
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