Sudhanshu Kardamv.Comptroller and Auditor General of India and Ors.
[Rights of Persons with Disabilities Act, 2016 — Section 34 — Entitlement of persons with mental illness benchmark disability for appointment to the post of Auditor under Central Government recruitment]
Where candidates with benchmark disabilities (mental illness) qualified through a public recruitment examination (SSC CGLE-2018) but their initial allocation was cancelled due to non-identification of posts, subsequent identification of suitable posts under Sections 33 and 34 of the RPWD Act, 2016 and willingness of the employer to accommodate them warrants directions for forwarding of dossiers and appointment, including the creation of supernumerary posts if necessary.
ourt passed the following order: –
“1. We have heard Mr. Rahul Bajaj, learned counsel appearing for the petitioner, Ms. Archana Pathak Dave, learned Additional Solicitor General for respondent no.1, and also Mr. Amit Yadav, respondent no.3, who appears in-person through video conferencing.
2. After detailed arguments, Ms. Archana Pathak Dave, learned Additional Solicitor General, sought two weeks’ time to obtain instructions in the matter with regard to accommodating the petitioner and respondent no.3 in appropriate categories in light of the notification dated 04.01.2021 issued by Ministry of Social Justice and Empowerment.”
17. Ex facie, upon hearing the submissions advanced by Mr. Rahul Bajaj, learned counsel representing the appellant, and Ms. Archana Pathak Dave, learned ASG, this Court was satisfied that the appellant herein could be considered for appointment in the appropriate category in light of the Gazette Notification dated 4th January, 2021 issued by the Ministry of Social Justice and Empowerment, DEPwD (Divyangjan), which is reproduced below:-
“MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
[Department of Empowerment of Persons with Disabilities (Divyangjan)]
NOTIFICATION
New Delhi, the 4th January, 2021
No. 38-16/2020-DD-III — Whereas Section 33 of the repealed Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter, after referred as repealed Act) provided for reservation of not less than 3% for persons with disabilities in the three categories namely, (i) locomotor disability including cerebral palsy, (ii) visual impairment (low vision & blindness) and (iii) hearing impairment.
2. And whereas, section 32 of the repealed Act mandated the appropriate Government to identify posts to be reserved for persons with disabilities and review such list at periodic interval not exceeding three years.
3. And whereas, in pursuance of the above provisions of the repealed Act, the Central Government last notified the list of posts suitable for persons with disabilities through notification No. 16-15/2010-DD-III dated 29th July, 2013.
4. And whereas, the Ministry of Social Justice and Empowerment, Government of India, in pursuance of the provisions of sections 32 and 33 of the repealed Act (since repealed on 15.06.2017) had constituted an Expert Committee on the 19th November, 2015 under the chairpersonship of the Secretary, Department of Empowerment of Persons with Disabilities to review the list of Central Government posts identified suitable for Persons with Disabilities. Copy of the said order is at Annexure-A.
5. And whereas, the Expert Committee met on the 9th December, 2015 and decided that one Sub- Committee should be constituted for each of the category of disabilities which are provided reservation under section 33 of the said repealed Act and accordingly, following three Sub- Committees were constituted, namely: —
i. Sub-Committee for locomotor disability
ii. Sub-Committee for hearing impaired
iii. Sub-Committee for visually impaired
6. And whereas, the Central Government notified the Rights of Persons with Disabilities Act, 2016 (hereinafter referred as “the Act”) which inter-alia under sub-section (1) of section 34 extended the benefit of reservation to persons with benchmark disabilities in the new category of (i) autism, specific learning disability, mental illness and intellectual disabilities and (ii) multiple disabilities amongst the various categories mentioned in the said section of the Act.
7. And whereas, Section 33 of the said Act mandates the appropriate Government to constitute expert committee for identification of posts suitable for persons with benchmark disabilities and accordingly, following two sub- committees were further constituted to take care of identification of posts suitable for new categories included under the Act, namely; (i) Sub-Committee for autism, intellectual disabilities, specific learning disability and mental illness, and (ii) Sub- Committee for multiple disabilities.
8. And whereas, all the Sub-Committees reviewed the posts notified through notification No.16- 15/2010-DD-III dated the 29th July 2013, and submitted their reports and the Expert Committee considered the reports of the Sub-Committees in its meeting held on 19th November 2019, finalized its recommendations and submitted its report to the Central Government for consideration.
9. Now, therefore, in exercise of powers conferred upon section 33 of the said Act and based on the recommendations of the Expert Committee, the Central Government hereby notifies the gist of the report, which is at Annexure-B and the list of Central Government posts in Group A, B, C and D identified suitable for persons with benchmark disabilities which is at Annexure-C for information and further necessary action by all cadre controlling authorities in the Central Government.
10. The said list supersedes the list of posts for Groups ‘A’, ‘B’, ‘C’ and ‘D’ notified through notification No. 16-15/2010-DD-III dated 29th July, 2013.”
18. In response to the aforesaid direction, respondent No.1 - CAG has filed an additional affidavit, the relevant extract whereof is reproduced hereinbelow for ease of ready reference: –
“3. That the present additional affidavit is being filed in compliance with the order dated 06.01.2026 whereby, this Hon'ble Court has directed considering accommodating the Petitioner and Respondent No.3 in appropriate categories of posts in Indian Audit & Accounts Department (IA&AD) under Respondent No.1 (Comptroller and Auditor General of India (CAG).
4. It is respectfully submitted that, as stated in the counter affidavit dated 04.12.2025, suitable posts in IA&AD were identified in 2018 by a duly constituted Expert Committee under Sections 33 and 34 of the RPWD Act, 2016. The posts of Assistant Accounts Officer, Divisional Accountant and Auditor were not identified as suitable for candidates with Specific Learning Disability or Mental Illness. Although such candidates, including the Petitioner, were initially recommended by Respondent No. 2 through CGLE- 2018, their dossiers were returned for reallocation. Respondent No. 2 thereafter issued a revised result dated 12.11.2022 cancelling their allocation to IA&AD.
5. That in the interim. pursuant to the Notification dated 04.01.2021. the Group C posts of Assistant (Audit) and Auditor-II were identified as suitable for persons with benchmark disabilities of Special and Mental Illness.
6. Pursuant to such change in the rule position, Respondent No. 1 is ready and willing to accommodate the Petitioner and Respondent No. 3 in Group C posts identified as suitable. immediately after a recommendation/ return of the dossier with complete details of the two candidates in this respect is received from Respondent No.2.
7. It is respectfully submitted that for the present recruitment process. Respondent No. 2 is the competent authority to make a recommendation to appoint the Petitioner for appointment against any post identified as suitable for his benchmark disability. Accordingly. Respondent No.1 has requested the representation by Respondent No.2 in the present proceedings vide its letter dated 13.02.2026. In the absence of such recommendation or directions from this Hon'ble Court, any appointment by Respondent No. 1 would be outside the ambit of its authority.
8. In view of the aforesaid, it is humbly reiterated that subject to recommendations made by Respondent No. 2 for appointing the Petitioner and Respondent No. 3 in other suitable posts, Respondent No. 1 undertakes to make such appointment.
9. Notwithstanding the aforesaid, Respondent No. I remains duty bound to implement such directions of this Hon'ble Court as it deems fit.”
19. Evidently, on a perusal of the affidavit filed by respondent No.1 - CAG, it is clear that now, there remains no impediment whatsoever for accommodating the appellant before us as well as R3- Shri Amit Yadav, against Group ‘C’ posts which have been identified as suitable to their disabilities.
20. The only reservation expressed in the affidavit is that these appointments can be considered only after the recommendation from respondent No.2 - the Staff Selection Commission (SSC) and receipt of the dossiers of the candidates.
21. We are, therefore, of the considered view that the present appeal deserves to be disposed of in light of the additional affidavit filed by respondent No.1-CAG. The respondent No.2-SSC is directed to forthwith and not later than within a period of two weeks from today, forward the dossiers of the appellant herein, as well as R3 – Shri Amit Yadav to respondent No.1-CAG. Upon the dossiers being received, the appellant herein and R3 – Shri Amit Yadav shall be duly considered for appointment against Group ‘C’ posts in terms of the additional affidavit dated 16th February, 2026. In case the posts advertised vide notification dated 5th May, 2018 have already been filled, the respondents shall create supernumerary posts for accommodating both these candidates. The appointment of the appellant herein and R3 – Shri Amit Yadav shall take effect from the date of their joining.
22. The appeal is disposed of in these terms.
23. Pending application(s), if any, shall stand disposed of.
….……………………J.
(VIKRAM NATH)
...…………………….J.
(SANDEEP MEHTA)
NEW DELHI;
MARCH 12, 2026.