Railway Board Must Consider Unfilled PwBD and Lower Medical Category Vacancies Under Recent Policy Guidelines

The applicant, a 31-year-old candidate with a visual impairment, applied for Level-1 posts under Centralized Employment Notice (CEN) No. 01/2019

He challenged a communication dated June 16, 2023, which refused his appointment, and contested several provisional part-panels issued between March and August 2023

The applicant alleged that the respondents failed to provide disability-category-wise empanelment and did not correctly utilize the 1% reservation for the visually impaired as mandated by the Right of Persons with Disabilities (RPWD) Act, 2016

During the pendency of the matter, the Ministry of Railways (Railway Board) issued new guidelines on December 16, 2024, and March 20, 2026, regarding the diversion of vacancies to lower medical categories and the adjustment of left-over candidates

1. Whether the applicant is entitled to appointment to Level-1 posts based on his merit in the visually impaired category under the revised Railway Board guidelines

2. Whether the respondents complied with the statutory reservation requirements for Persons with Benchmark Disabilities (PwBD) under Section 34 of the RPWD Act, 2016

The court's decision was primarily guided by the administrative instructions issued by the Ministry of Railways (Railway Board) via letters No. E(NG)11/2023/RR-1/63 dated December 16, 2024, and No. E(NG)11/2013/RR-1/83 dated March 20, 2026

These guidelines mandate that Railways accommodate PwBD candidates higher in merit by transferring them to other Railway Recruitment Cells (RRCs) where suitable vacancies for their sub-disability are available

Section 34 of the Rights of Persons with Disabilities Act, 2016, which governs the 4% reservation in public employment for persons with benchmark disabilities

The Tribunal noted that the applicant sought relief primarily based on his merit position and the alleged failure of the respondents to correctly apply disability reservation quotas

The Tribunal observed that the Ministry of Railways had recently overhauled the recruitment procedure through the 2024 and 2026 guidelines to address the grievances of candidates in lower medical categories (B2-C1) and PwBD candidates who remained un-empanelled due to a lack of surgical/sub-disability vacancies

The court reasoned that since the executive had already formulated a policy to review and adjust such candidates—including the potential transfer of PwBD candidates to other RRCs—the matter fell within the administrative domain of the respondents

The Tribunal determined that the application for specific judicial intervention was premature until the executive had the opportunity to apply these new guidelines to the applicant’s case

It directed the respondents to treat the matter as a representation and take an appropriate decision regarding the applicant's case in light of the Ministry of Railways' circulars dated December 16, 2024, and March 20, 2026. This decision must be communicated within two months from the receipt of the order. All pending Miscellaneous Applications (MAs) were disposed of as infructuous