Facts
The petitioner sought horizontal reservation for persons with locomotor disabilities in the newly identified subcategory of Spinal Deformity (SD) and Spinal Injury (SI) without an associated neurological condition.
Source reference: para. 1The Central Government had notified this subcategory on 24 August 2022, and the State Government had included it within locomotor disability by Government Order dated 11 February 2026.
Source reference: para. 2The UKSSSC’s advertisement dated 31 August 2026 for Group-C posts did not include the subcategory in its reservation provisions.
Source reference: para. 3The State informed the Court that the relevant departments first had to amend their requisitions and send them to the Commission, which could then issue a corrigendum; the State had already circulated the Government Order to department heads for identification of available posts.
Source reference: paras. 5–6Issues
1. Whether the newly identified SD/SI subcategory was required to be considered for reservation in the recruitment initiated by the advertisement dated 31 August 2026.
Source reference: paras. 1–32. Whether the departments and UKSSSC should amend the requisitions and advertisement to reflect the subcategory after completing the identification process.
Source reference: paras. 5–7Law Applied
The Court relied on the Central Government Notification dated 24 August 2022 and the State Government Order dated 11 February 2026, by which SD/SI without an associated neurological condition was included as a subcategory of locomotor disability.
Source reference: para. 2It also proceeded on the State’s stated administrative process: the concerned departments must identify available posts and amend their requisitions before the selecting body can reflect the subcategory in the advertisement through a corrigendum.
Source reference: paras. 5–6Reasoning
The State admitted that the subcategory had been identified and that the Government Order had been forwarded to department heads with instructions to include it against available posts.
Source reference: para. 6Because the existing advertisement was based on requisitions that did not account for the newly identified subcategory, the Court directed the departments to complete the identification process and amend those requisitions before UKSSSC proceeded with the recruitment.
Source reference: paras. 5–8Holding
The petition was disposed of with directions that the respondents amend the requisitions underlying the 31 August 2026 advertisement and send them to UKSSSC within 15 days of receiving the order, after completing the identification process.
Until the identification and inclusion process was completed and sent to the Commission, UKSSSC was not to proceed with the advertisement.
Source reference: para. 8Upon receiving amended requisitions, UKSSSC was to issue a corrigendum reflecting the newly identified subcategory in accordance with those requisitions.
Source reference: para. 8Original Court PDF
MANOJ SINGH KANDARIvsSTATE OF UTTARAKHAND
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