The Madhya Pradesh High Court recently annulled a recruitment advertisement and selection process initiated by the Skill Development Department in 2024 for not adhering to the Rights of Persons With Disabilities Act (RPwD), 2016. The court emphasized that individuals with a higher percentage of disability should be given preference in public employment, provided their condition does not hinder the performance of the job.
The court also ruled that the recruitment process violated a 2018 circular mandating preference for persons with higher disabilities in public sector appointments. Citing a Karnataka High Court judgment in State of Karnataka and others Vs. Ms. Latha H N (2024), Justice Subodh Abhyankar stated:
"It is not the case of the respondents that persons with higher disability would be unable to perform the job required for the post advertised. There is a high probability that individuals with greater disability percentages may face challenges in excelling academically, making strict academic-based selection criteria counterproductive to the spirit of the RPwD Act."
Case Background
The petitioner, a 19-year-old girl with 92.5% disability and multiple disabilities, challenged the recruitment process that selected three other candidates with lower disability percentages. The petition argued that despite a 2018 government circular mandating preference for individuals with higher disabilities, the authorities disregarded this directive.
The petitioner’s counsel pointed out that while the selected candidates had disabilities ranging from 45% to 75%, the petitioner and other affected individuals had disabilities of 92.5% and even 100% in some cases. The petition highlighted that the recruitment process failed to comply with Section 34 of the RPwD Act, which mandates reservation for persons with disabilities, and Rule 12 of the Rights of Persons With Disabilities Rules, 2017.
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The counsel also referenced the State of Karnataka and others Vs. Ms. Latha H N judgment, where the Karnataka High Court ruled that preference should be given to candidates with more severe disabilities if their condition does not prevent them from fulfilling job duties.
Government’s Response
In defense, the State Government argued that all relevant circulars had been followed. The recruitment process, as per their stance, prioritized educational qualifications over disability percentages, considering it a more objective selection criterion.
However, the court found that the respondents’ arguments lacked merit, as the recruitment advertisement did not reflect any intention to comply with the 2018 circular. The court remarked:
"Referring to a circular in an advertisement is different from ensuring compliance with it. The respondents have failed to prioritize persons with higher disabilities as required."
After reviewing the recruitment process and related documents, the court concluded that the selection process was unlawful due to its failure to consider higher disability percentages as a primary selection criterion. It cited the Karnataka High Court’s judgment, which held that candidates with ‘absolute blindness’ should be prioritized over those with ‘low vision’ in relevant job roles.
"The condition that prioritizes candidates based on educational qualifications contradicts the essence of the RPwD Act. Those with higher disabilities often face educational disadvantages, and this criterion disproportionately affects them."
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The Madhya Pradesh High Court ruled that the entire recruitment process was vitiated and, therefore, void. It quashed the recruitment advertisement and appointments made under it. Additionally, the court directed the State to issue a fresh recruitment advertisement in strict compliance with the 2018 circular and RPwD Act.
"The respondents are directed to issue fresh advertisements for the appointment of disabled persons, ensuring compliance with the 2018 circular and the RPwD Act. The process must also ensure that disability does not hinder job performance," the court ordered.
Case Title: Siddhi Paal Versus Kaushal Vikas Kshetriya Kaaryalaya And Others, Writ Petition No. 41374 Of 2024
