Srinagar, May 2: The Central Administrative Tribunal in Srinagar has issued a notice on a plea challenging the exclusion of “cerebral palsy” as an eligible disability for the post of Junior Engineer (Electrical), while directing that one post should not be filled until further orders.
The plea was filed by Amir Suhail Wani, a Person with Benchmark Disability (PwBD), who suffers from spastic cerebral palsy with dysphasia, amounting to 50 percent locomotor disability. Wani had figured in the provisional selection list issued by the Jammu and Kashmir Services Selection Board on February 23, 2025, but his recommendation was withheld.
A division bench of M S Latif, Member (Judicial), and Prasant Kumar, Member (Administrative), observed that a prima facie case was made out and ordered that one post of Junior Engineer (Electrical) be kept reserved in the category for which the petitioner had applied. The Tribunal has sought a response from the concerned authorities by May 26.
In its order, the Central Administrative Tribunal underscored the importance of protecting the rights of persons with disabilities, stating that being disabled should not result in exclusion from opportunities in public employment. It emphasised that recruiting agencies bear a greater responsibility to ensure that such rights are upheld.
According to the plea, Wani had applied under the Open Merit and PwBD categories and was allowed to appear in the written examination conducted in October 2025. Despite meeting all eligibility criteria and featuring in the merit list, his recommendation was withheld pending clarification regarding his disability certificate and minor discrepancies in documentation.
Subsequently, the Chief Medical Officer, Srinagar, constituted a medical board that certified his condition as genuine. The concerned Executive Magistrate also verified his identity, resolving discrepancies in parentage records. However, the Jammu and Kashmir Services Selection Board referred him to another medical board, whose findings were reportedly kept in a sealed cover.
Wani has challenged the process, alleging a predetermined intent to declare him ineligible based on Government Order No. 59-JK(SWD) of 2021. He has sought quashing of the order, arguing that it arbitrarily excludes cerebral palsy from the list of benchmark disabilities eligible for the JE (Electrical) post, in violation of the Rights of Persons with Disabilities Act, 2016.
The petitioner has further sought the Tribunal’s intervention to set aside the medical board findings and ensure that recruitment processes adhere strictly to constitutional and statutory safeguards for persons with disabilities.
The matter is scheduled for further hearing after the response from the authorities.(Agencies)
