Sudhanshu Kardam v. Comptroller and Auditor General of India & Ors.

A candidate recommended in a PwBD category cannot be denied appointment where a subsequent statutory notification identifies the post as suitable for that disability; authorities must accommodate eligible candidates even by creating supernumerary posts if necessary.

Background

The Staff Selection Commission conducted the Combined Graduate Level Examination 2018 (CGLE-2018) for Group ‘B’ and ‘C’ posts. One candidate, Amit Yadav, who had 55% disability due to mental illness, was recommended for the post of Auditor under the PwBD category.

However, the Comptroller and Auditor General (CAG) returned his dossier stating that the post of Auditor had not been identified as suitable for candidates with mental illness. The Central Administrative Tribunal directed reconsideration through a Medical Board, but the Delhi High Court set aside the CAT’s order.

The appellant, another PwBD candidate with Specific Learning Disability, approached the Supreme Court as the issue affected his own pending claim to appointment.

Issues Framed

  1. Whether PwBD candidates recommended in SSC recruitment could be denied appointment on the ground that the post was not identified as suitable for their disability.

  2. Whether subsequent identification of posts under the RPwD Act required authorities to accommodate such candidates.

Court’s Reasoning

1. Effect of identification of posts under the Rights of Persons with Disabilities Act, 2016

  • The Court examined the Gazette Notification dated 04.01.2021 issued by the Ministry of Social Justice and Empowerment under s. 33 and s. 34 RPwD Act identifying posts suitable for persons with benchmark disabilities.

  • The notification expanded the categories of disabilities and identified additional posts suitable for such candidates.

2. Change in suitability of posts

  • The affidavit filed by the CAG stated that earlier the posts of Assistant Accounts Officer, Divisional Accountant and Auditor were not identified as suitable for persons with mental illness or specific learning disability.

  • However, after the 2021 notification, certain Group ‘C’ posts such as Assistant (Audit) and Auditor-II were identified as suitable for these disabilities.

3. Obligation to accommodate eligible candidates

  • The Court noted that the CAG had expressed willingness to appoint the appellant and the other candidate subject to recommendation and forwarding of dossiers by the SSC.

  • Once there is no statutory impediment to their appointment and the posts are now identified as suitable, denying appointment would be unjustified.

4. Administrative coordination between recruiting authority and department

  • The Court clarified that SSC is the recommending authority, while the CAG is the appointing authority, and therefore the dossiers must be forwarded to enable appointment.

  • Administrative formalities cannot defeat the substantive rights of PwBD candidates.

Decision / Disposition

  • The Supreme Court directed SSC to forward the dossiers of the appellant and Amit Yadav to the CAG within two weeks.

  • Upon receipt, the candidates must be considered for appointment to suitable Group ‘C’ posts identified under the 2021 notification.

  • If the original vacancies are already filled, the authorities must create supernumerary posts to accommodate them.

  • The appeal was disposed of with these directions.

    Case Details

    Citation: 2026 INSC 232
    Decided on: 12 March 2026
    Case Title: Sudhanshu Kardam v. Comptroller and Auditor General of India & Ors.
    Court: Supreme Court of India
    Bench: Vikram Nath, J. and Sandeep Mehta, J.

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