Supreme Court Upholds Claim Of Candidates With Learning Disability & Mental Illness To Join CAG Auditor Post

The Supreme Court on Thursday (March 12) held that government authorities cannot deny appointment to persons with benchmark disabilities by relying on outdated identification of posts, and must apply the latest notification issued under the Rights of Persons with Disabilities Act, 2016.

A bench of Justice Vikram Nath and Justice Sandeep Mehta directed the appointment of candidates whose candidature had been rejected on the basis of the 2013 identification of posts for persons with benchmark disabilities, which did not recognize persons suffering from mental illness and Specific Learning Disability (SLD) as eligible for the post of Auditor.

The Court held that the High Court erred in overlooking the 2021 notification issued by the Department of Empowerment of Persons with Disabilities, which superseded the 2013 post-identification list and expanded reservation eligibility to include persons with mental illness and specific learning disability for several Group 'C' posts, including Assistant (Audit) and Auditor-II.

The Case

The dispute arose from recruitment conducted by the Staff Selection Commission through the Combined Graduate Level Examination, 2018 for the post of Auditor in the office of the Comptroller and Auditor General of India (CAG).

Two candidates, Sudhanshu Kardam and Amit Yadav, who suffered from benchmark disabilities of specific learning disability and mental illness, respectively, were denied appointment after the CAG took the view that the post of Auditor had not been identified as suitable for these disabilities.

However, the candidates relied on a Gazette Notification dated January 4, 2021, issued by the Ministry of Social Justice and Empowerment under the RPwD Act. The notification superseded the earlier 2013 list and expanded the categories of disabilities eligible for reservation, identifying several Group 'C' posts including Assistant (Audit) and Auditor-II as suitable for persons with mental illness and specific learning disability.

Decision

During the hearing, the Court took note of an additional affidavit filed by the CAG acknowledging that, pursuant to the 2021 notification, Group 'C' posts such as Assistant (Audit) and Auditor-II were indeed identified as suitable for candidates with benchmark disabilities, including mental illness and specific learning disability.

Therefore, the Court held that the candidature of the applicants could not be rejected on the basis of an earlier classification of posts.

Thus, disposing of the petition, the Court directed the SSC to forward the dossiers of both candidates to the CAG within two weeks, who shall consider their appointment against appropriate Group 'C' posts in terms of the revised notification.

The Court further clarified that if the vacancies advertised in the 2018 recruitment process had already been filled, the authorities must create supernumerary posts to accommodate the candidates.

Cause Title: SUDHANSHU KARDAM VERSUS COMPTROLLER AND AUDITOR GENERAL OF INDIA AND ORS.

Citation : 2026 LiveLaw (SC) 237

Click here to download order

Appearance:

For Petitioner(s) : Mr. Rahul Bajaj, Adv. Ms. Sarah, Adv. Mr. Ayyam Perumal Karthik M., AOR

For Respondent(s) : Ms. Archana Pathak Dave, A.S.G. Mr. Ishaan Sharma, Adv. Mr. Madhav Sinhal, Adv. Mr. Kamal Digpaul, Adv. Ms. Harshita Choubey, Adv. Mr. Mahendra Kumawat, Adv. Mr. Amrish Kumar, AOR Mr. Vaibhav Dwivedi, Adv. Mr. Abhishek Jain, Adv. Mr. Anil Kaushik, A.S.G. Pranjal Singh, Adv. Aashna Gill, Adv. Nachiketa Joshi, Adv. Diwakar Sharma, Adv. Aastha Singh, Adv. Mr. Yogesh Vats, Adv. Dr. N. Visakamurthy, AOR Rajeshwari Shankar, Adv. Padmesh Mishra, Adv. Mr. S.n.terdal(aor), Adv.