Facts
The applicants, belonging to the Persons with Benchmark Disabilities (PwBD) category (specifically "visually impaired"), participated in the recruitment process for Level-1 posts under Centralized Employment Notice (CEN) No. 01/2019.
Source reference: p. 5They challenged various provisional part panels issued between March 2023 and February 2024, alleging that the respondents failed to include them in the merit list for the 171 reserved vacancies for the visually impaired.
Source reference: p. 5-6The applicants contended that the respondents illegally sub-divided the 1% reservation for the visually impaired into "blind" and "low vision" categories, thereby excluding meritorious blind candidates.
Source reference: p. 6During the pendency of the matter, the Railway Board issued new guidelines on 16.12.2024 and 20.03.2026 regarding the diversion of vacancies to lower medical categories and the adjustment of left-over candidates.
Source reference: p. 3-4Issues
1. Whether the respondents’ sub-division of the 1% statutory reservation for the visually impaired category into "blind" and "low vision" is legally sustainable under the recruitment rules for CEN 01/2019.
Source reference: p. 5-62. Whether the applicants are entitled to consideration for appointment in light of the new Railway Board guidelines dated 16.12.2024 and 20.03.2026 regarding unfilled vacancies and medical category adjustments.
Source reference: p. 6-7Law Applied
Administrative instructions of the Ministry of Railways (Railway Board), specifically Letter No. E(NG)11/2023/RR-1/63 dated 16.12.2024 and Letter No. E(NG)11/2013/RR-1/83 dated 20.03.2016 (issued in 2024/2026), which mandate the diversion of unfilled vacancies to accommodate candidates in lower medical categories (B2-C1) and the transfer of PwBD candidates to other Railway Recruitment Cells (RRCs) if identified vacancies are exhausted in their parent RRC.
Source reference: p. 3-5Statutory provisions regarding reservations for the visually impaired under the Rights of Persons with Disabilities Act.
Source reference: p. 6Reasoning
The Tribunal observed that the Primary relief sought by the applicants—the correction of the merit list and the implementation of PwBD reservations—was closely tied to the evolving administrative policy of the respondents.
Source reference: p. 6Counsel for the applicants requested that the matter be disposed of in accordance with the most recent Railway Board circulars, which allow for the adjustment of candidates who were higher in merit but left out due to medical standard readjustments or lack of sub-disability vacancies.
Source reference: p. 2, 4The Tribunal determined that because the executive/administrative authorities had already issued specific instructions to handle such "left-over" candidates and to extend the panel validity until 30.04.2026, a direct intervention on the merits was premature.
Source reference: p. 6-7The court reasoned that the respondents must first be allowed to apply these new guidelines to the applicants’ specific grievances through an administrative review.
Source reference: p. 7Holding
The Tribunal disposed of the Original Application without costs, directing the respondents to treat the applicants' grievances as a representation.
The respondents are ordered to take an appropriate decision on the applicants' cases in light of the circulars dated 16.12.2024 and 20.03.2026 within two months from the receipt of the order.
Source reference: p. 7All pending Miscellaneous Applications were also disposed of as infructuous.
Source reference: p. 7Original Court PDF
PRIYANSU KUMAR AND ORSvsWESTERN RAILWAY
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in