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Beyond Formal Equality : Delhi HC on Disability, Appointment, Confirmation and Relaxation

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Judgment dated 31.10.2025 of the High Court of Delhi in W.P. (Civil) 7197 of 2021 of Munna Lal Yadav  Vs. Department of Empowerment of Persons with Disabilities and others

The petitioner being a person with benchmark disability (PwBD) with 100% blindness and being an OBC applied for the post of Probationary Officer and given appointment vide letter dated 24.6.2015. 

However, on 2.5.2018, the services of the petitioner were terminated for failure to pass confirmation test as per Rule 16 of the SBI Rules.

HELD that the RPwD Act does not provide further reservation at the stage of confirmation also.  Once the petitioner has been appointed to the post reserved for the PwBDs, the petitioner would have to clear the confirmation for being confirmed to the said post. 

However, the respondents cannot defeat the object of the RPwD Act or takeaway what it gives to the PwD due to the mandate of the said Act.   In case, the respondents find that in spite of a relaxed standard, there are not enough PwBD candidates who are making the marks for confirmation to the post reserved for them, if it can relax the standard for such candidates, without prejudicially affecting its working.  It is the mandate of the RPwD Act and the Office Memorandum for it to exercise such power of relaxation.

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