Delhi High Court - Orders
Sumant Yadav vs Union Of India & Ors on 12 March, 2025
Author: Prateek Jalan
Bench: Prateek Jalan
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3185/2025
SUMANT YADAV .....Petitioner
Through: Mr. Sudhindra Tripathi & Ms.
Preeti Tripathi, Advocates.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Ashok K. Kashyap, SPC with
Mr. Kabir Hazarika, Govt. Pleader
for R-1.
Mr. Amartya A. Sharan, Advocate
for NESTS.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 12.03.2025 CM APPL. 14910/2025 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(C) 3185/2025
1. Issue notice. Mr. Ashok K. Kashyap, learned counsel, accepts notice on behalf of the respondent No. 1- Union of India.
2. The petitioner assails an order dated 19.06.2024, by which the National Education Society for Tribal Students ["NESTS"] has rejected his candidature for the post of Trained Graduate Teacher ["TGT"] (Hindi) in the category of Persons with Benchmark Disabilities ["PwBD"].
3. The petitioner applied pursuant to an information bulletin and guidelines for recruitment to various posts in the Eklavya Model W.P.(C) 3185/2025 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/03/2025 at 21:21:40 Residential School, which was published by NESTS in the year 2023. As far as the post of TGT (Hindi) is concerned, 606 posts were advertised, out of which a horizontal reservation of 24 posts was provided in various benchmark disabilities. The benchmark disabilities have been categorised, in accordance with the Rights of Persons with Disabilities Act, 2016 ['RPwD Act'], as OH - Orthopaedically Handicapped, VI- Visually Impaired, HI - Hearing Impaired, and others, i.e., Multiple Disabilities mentioned above.
4. Mr. Amartya A. Sharan, learned counsel for NESTS, states, upon advance instructions, that, according to the respondents, the petitioner does not fall in the category of multiple disabilities, in which he applied. In this connection, Mr. Sharan draws my attention to the Disability Certificate dated 14.09.2017, submitted by the petitioner, which certifies that he has 85% disability in his left lower limb and right upper limb, and 10% disability in vision. According to Mr. Sharan, the disability in each element of a multiple disability must exceed the benchmark disability of 40%, to qualify for the reservations in the multiple disabilities category. Mr. Sharan, secondly, submits that even within the category of OH, the petitioner's disability of one arm and leg [defined in the relevant notification as "OAL"] is not mentioned.
5. The matter requires further consideration.
6. I am prima facie unable to accept Mr. Sharan's contention that the benchmark disabilities in the multiple disabilities category require a candidate to have more than 40% disability in each of the elements of multiple disabilities. In the RPwD Act, multiple disabilities is a separate category of "specified disability" provided under the Schedule, and the W.P.(C) 3185/2025 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/03/2025 at 21:21:40 definition of "person with benchmark disability" in Section 2(r) also does not indicate such a requirement.
7. Mr. Sharan is unable to state with clarity as to whether all the posts for TGT (Hindi) reserved for PwBDs have yet been filed. It is made clear that if any appointment is made to candidates for the post of TGT (Hindi) in the PwBD [OH or Multiple Disabilities/Other] category, such communication will state that the appointment is subject to the result of the present petition. Details of the appointed candidates will also be furnished to learned counsel for the petitioner so that the candidates in question can impleaded, if required.
8. The respondents are directed to file their counter affidavit within four weeks from today.
9. Rejoinder thereto, if any, may be be filed within two weeks thereafter.
10. List on 09.07.2025.
PRATEEK JALAN, J MARCH 12, 2025 'vc/JM'/ W.P.(C) 3185/2025 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/03/2025 at 21:21:41