Summary: The Delhi High Court has canceled a hiring process that relied entirely on interviews for a position reserved for Persons with Disabilities (PwD) at the National Institute of Educational Planning and Administration (NIEPA). The court found the hiring process was not fair or clear, breaking several rules and constitutional rights.
Background of the Case
Dr. Sachin Kumar, who has a 75% disability affecting his movement, applied for an Assistant Professor job at NIEPA. This job was specifically set aside for people with disabilities. Even though he was shortlisted with a score of 73/100, he and other candidates were told they were "not suitable."
Petitioner's Concerns
- Lack of Clarity: Dr. Sachin Kumar argued that the hiring process did not follow the relaxed standards for PwD candidates required by law.
- 100% Interview Focus: The choice was based only on interviews without any objective criteria, which he argued was unfair.
- Reservation Problems: The job was later changed to an EWS-PwD post, leaving out candidates who were not EWS.
Respondent's Defense
- Following UGC Rules: NIEPA claimed they followed UGC guidelines, saying the process was fair and consistent.
- No Relaxation During Interviews: They argued that the relaxation applied only when deciding who was eligible, not during the interviews.
Court's Findings
- Breaking PwD Rights Law: The court found the process broke the Rights of Persons with Disabilities Act by not providing reasonable accommodations.
- Unorganized Process: Relying only on interviews without a structured evaluation was found unconstitutional.
- Wrong Vacancy Change: Changing the PwD vacancy to an EWS-PwD post was against the reservation rules.
Court's Decision
- Canceling the Job Ad: The court canceled the job advertisement and the hiring process, requiring a more organized framework.
- Re-advertisement Ordered: NIEPA must re-advertise the position, keeping its original PwD reservation status.
Judges Involved: The judgment was delivered by Mr. Justice C. Hari Shankar and Mr. Justice Om Prakash Shukla on December 22, 2025.
