The Rajasthan High Court has ruled in favor of a petitioner who was erroneously excluded from consideration under the Persons with Disabilities (PwD) category for a government job. The petitioner, who has 90% hearing impairment, had applied for the post of Safai Karamchari in 2018 but was not included in the draw of lots due to a software error. The court has now directed the State to appoint him on humanitarian grounds.
Background of the Case
In 2018, the Rajasthan government issued an advertisement for recruiting Safai Karamcharis in various municipalities across the state. The selection process was to be conducted through a lottery system. The petitioner applied for the post under both the Scheduled Caste (SC) and PwD categories due to his 90% hearing impairment. However, his name was mistakenly considered only under the SC category, and as a result, he was not selected.
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Despite this, it was found that the number of vacancies under the PwD category was significantly higher than the number of applicants. If the petitioner had been correctly categorized under PwD, he would have been appointed without issue.
Official Admission of Mistake
Upon discovering the error, the petitioner submitted a representation to the authorities. The Nagar Nigam Udaipur acknowledged the mistake and wrote to the higher authorities requesting corrective action. However, despite repeated requests and official correspondence, no steps were taken to rectify the situation.
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In response to the legal petition filed by the candidate, the Rajasthan government admitted the mistake in court. The official response stated:
“It is true that the petitioner applied under the physically disabled category but was mistakenly considered under the SC category. His category was not verified correctly by the inspection committee due to an error.”
Court’s Observations and Verdict
After considering the submissions, Justice Arun Monga observed that the petitioner's disability was undisputed. He ruled that the candidate's exclusion from the PwD category was an administrative mistake and that his claim to be treated as a physically disabled candidate was valid.
“This Court is conscious of the fact that the petitioner did not participate in the draw of lots, and therefore, it may appear to be unfair that without participating in the draw of lots, he is being given the benefit of appointment. However, such are the vagaries of litigation that sometimes result in fortuitous benefits for candidates, as is the case herein. Given the petitioner’s disability and the clear administrative error, a humanitarian approach is necessary.”
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The Rajasthan High Court, while deciding in favor of the petitioner, referred to key provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, 1995. As per Section 32, the government is required to identify posts suitable for persons with disabilities and periodically update the list. Additionally, Section 33 mandates that at least 3% of vacancies in government jobs be reserved for persons with disabilities, with 1% specifically allocated for individuals with hearing impairments. These legal provisions strongly supported the petitioner’s claim for rightful consideration under the PwD category.
The court issued clear directives to the State. It ordered the appointment of the petitioner as Safai Karamchari under the PwD category within 30 days. Furthermore, the petitioner was granted seniority and notional benefits from the date when other selected candidates were appointed. However, financial benefits for the period of non-employment were denied, in accordance with the principle of "no work, no pay." Additionally, the court directed that his medical certificate and other relevant documents be verified before finalizing his appointment.
Title: Shri Pankaj Vasita v State of Rajasthan & Ors.
