Mere Delay Can't Defeat Claim Of Disabled Candidate, Legislative Policy Favors Inclusion: Gujarat High Court

The Gujarat High Court granted relief to a physically handicapped candidate denied appointment by Centre as a Postal Sorting Assistant on the ground that he had not passed 10+2 with compulsory English and had approached CAT for relief as a "fence sitter" only after similarly situated applicants had succeeded. In doing so the court took "judicial notice" of the legislative policy that people with physical disabilities are to be encouraged as well as reservations are provided, and the post of Postal Sorting Assistant would be ideal to accommodate people with disabilities (PwDs). The respondent had applied for the post of Postal Sorting Assistant, which required him to possess the educational qualification of passing 10+2 with English as a compulsory subject. His application was rejected on the ground that the mark sheet that he had produced indicated that he had passed 10+2 without English as a subject. It was noticed that he had passed English by taking one additional subject. It was, therefore, contended that there was a misrepresentation of fact by the respondent. Against this rejection he approached the Central Administrative Tribunal (CAT). The CAT on consideration of the entire matter, came to the conclusion that a similar contention of the Union had been repelled in an earlier round of litigation in respect of similarly placed applicants and the same was accepted by the CAT and furthermore the order passed by the CAT had also been confirmed by the Division Bench of the High Court in SCA No.10463 of 2015 and connected matters. Consequently, the CAT came to the conclusion that the rejection of the respondent's claim was incorrect, and it proceeded to quash the order of rejection and directed the Union to provide the respondent with an appointment order. Against this the Union approached the high court. The Union Government contended that there was a misrepresentation of fact which was indisputable since the mark sheet produced by the respondent clearly indicated that he had not passed 10+2 with English as a compulsory subject. It was argued that the respondent had approached the CAT only after similarly situated applicants had succeeded and he was therefore a fence sitter and would not be entitled for any relief. A division bench of Justice NS Sanjay Gowda and Justice JL Odedra said:"At the outset, it is to be stated here that the claim of the Union that the respondent was ineligible on the merits, i.e. he did not have 10+2 qualification with English cannot be accepted in light of the earlier round of litigation which has been concluded by the Division Bench of this Court in SCA No.10463 of 2015. As far as the second argument is concerned that the respondent was a fence sitter, it is not in dispute that the respondent is, in fact, a physically handicapped candidate and having regard to this particular fact the principle of a fence sitter being applied stricto senso, would not be appropriate. Judicial notice can be taken of the fact that it is the legislative policy of the nation that people with physical disabilities are to be encouraged and reservations are also provided. The post in question being that of a Postal Sorting Assistant would be ideal post to accommodate people, who suffer from disabilities. Keeping this in mind, the mere fact that the applicant approached the CAT with some delay cannot be a ground to repel his claim". The high court said that CAT exercised its discretion and had condoned the delay in filing the application and this order condoning the delay was not challenged by the Union and had therefore become final. Thus, the question of delay cannot be pressed into service by Union Government. It thus dismissed the petition. Case title: THE UNION OF INDIA & ORS. v/s CHIRAGR/SPECIAL CIVIL APPLICATION NO. 16411 of 2023Click Here To Read/Download OrderCitation: 2026 LiveLaw (Guj) 95

Mere Delay Can't Defeat Claim Of Disabled Candidate, Legislative Policy Favors Inclusion: Gujarat High Court

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