The Madhya Pradesh High Court has ruled that reserved posts for persons with disabilities (PwD) that remain unfilled should be given to general category candidates if no suitable PwD candidates are available. This significant judgment was delivered by Justice Sanjay Dwivedi on May 30, 2024, in the case of Satish Kumar Mishra v. M.P. Public Service Commission District Indore & Ors. (Writ Petition No.13300/2017).
Background of the Case
The case revolves around Satish Kumar Mishra, who secured the first position in the waiting list for the post of Mining Officer in a selection process conducted by the Madhya Pradesh Public Service Commission. One post was reserved for a person with disability, but no suitable candidate was found under this quota. Mishra argued that since the post remained vacant, it should be converted to an unreserved category post as per Section 34(2) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Legal Issues and Court’s Decision
The primary legal issue before the court was the interpretation of Section 36 of the Persons with Disabilities Act, 1995. This section mandates that if a vacancy reserved for PwD candidates cannot be filled in a recruitment year, it should be carried forward to the next year. If still unfilled, it should be filled by a non-PwD candidate.
Justice Dwivedi observed:
“Since using the word ‘shall’ in the provision clearly implies that it is mandatory to fill-up the vacancy by appointing a person other than person with disability and as such the respondent-employer is under obligation to fill-up the vacancy by a person belonging to general category”.
The court rejected the respondents’ argument that the waiting list had expired, citing a Supreme Court judgment in State of U.P. v. Ram Swarup Saroj (2000). Justice Dwivedi noted:
“Merely because during the pendency of the representation, the validity period of waiting list expired, the respondents cannot take a stand that now appointment cannot be made on the vacant post of Mining Officer only because the petitioner secured first position in the waiting list”.
Court’s Order
The High Court allowed the petition and directed the respondents to appoint Satish Kumar Mishra to the post of Mining Officer within three months.
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Parties and Legal Representatives
– Petitioner: Satish Kumar Mishra, represented by Advocate Shoeb Hasan Khan
– Respondents: M.P. Public Service Commission and others, represented by Advocate Nikhil Bhatt for the Commission
