Reliance on Outdated Disability Classification Cannot Defeat Right to Employment: Supreme Court Directs Appointment of Candidates with SLD and Mental Illness

Court: Supreme Court of India
Bench: Justice Vikram Nath and Justice Sandeep Mehta
Case No.: Civil Appeal No(s). of 2026 arising out of SLP (C) Diary No. 43728/2025
Case Title: Sudhanshu Kardam v. Comptroller and Auditor General of India & Ors.
Date of Judgment: 12 March 2026
Citation: 2026 INSC 232

In a significant ruling reinforcing the evolving framework of disability rights in public employment, the Supreme Court of India has held that candidates with benchmark disabilities such as Specific Learning Disability (SLD) and mental illness cannot be denied appointment on the basis of outdated identification lists of posts.

The judgment arose from a challenge to the denial of appointment to candidates who had successfully cleared the Combined Graduate Level Examination, 2018 conducted by the Staff Selection Commission for the post of Auditor in the office of the Comptroller and Auditor General of India.

Background

The dispute traces back to the recruitment process initiated in 2018. Candidates, including the appellant Sudhanshu Kardam and another candidate, Shri Amit Yadav, had qualified through all stages of the examination and were recommended for appointment under the Persons with Disabilities category.

However, their candidature was rejected by the CAG on the ground that the post of Auditor had not been identified as suitable for persons with mental illness or Specific Learning Disability, relying on the 2013 identification list.

Aggrieved, the candidates relied upon the Gazette Notification dated 4 January 2021 issued by the Ministry of Social Justice and Empowerment under the Rights of Persons with Disabilities Act, 2016, which updated and expanded the list of identified posts to include these categories of disabilities.

Key Findings of the Court

The Supreme Court took note of the 2021 notification, which superseded the earlier 2013 list and expressly identified Group ‘C’ posts such as Assistant (Audit) and Auditor-II as suitable for persons with benchmark disabilities including mental illness and SLD.

Relying on the affidavit filed by the CAG, the Court recorded that there was no longer any legal or administrative barrier to accommodating the candidates in suitable posts.

Importantly, the Court rejected the continued reliance on outdated classification systems, implicitly affirming that administrative inertia cannot override statutory rights under the RPwD Act.

Directions Issued

The Court issued the following operative directions:

• The Staff Selection Commission was directed to forward the dossiers of the candidates to the CAG within two weeks.

• Upon receipt, the Comptroller and Auditor General of India must consider them for appointment to suitable Group ‘C’ posts.

• If the originally advertised vacancies from 2018 had already been filled, the authorities were directed to create supernumerary posts to accommodate the candidates.

• The appointments would take effect from the date of joining.

Significance

This ruling is important for several reasons:

1. Dynamic Interpretation of Disability Rights:
   The judgment underscores that identification of posts must reflect current statutory frameworks, particularly the expanded categories introduced under the RPwD Act, 2016.

2. Primacy of Updated Notifications:
   Authorities cannot rely on obsolete identification lists when a subsequent statutory notification has redefined suitability criteria.

3. Substantive Equality in Employment:
   By directing the creation of supernumerary posts, the Court ensured that procedural delays or administrative decisions do not deprive persons with disabilities of their rightful employment opportunities.

4. Recognition of Invisible Disabilities:
   The decision affirms the inclusion of less visible disabilities such as mental illness and Specific Learning Disability within mainstream public employment.

Commentary

The judgment is a clear message that the promise of reservation and inclusion under the RPwD Act cannot be diluted by outdated bureaucratic practices. It aligns with a rights-based approach where identification of posts is not a static exercise but one that must evolve with law and policy.

For disability rights jurisprudence, this decision strengthens the principle that eligibility once recognized by law must translate into actual access to employment, and that the State carries a positive obligation to remove institutional barriers—even if that requires creation of additional posts.

Read the Judgement (PDF 204 KB)