Supreme Court Verdict on Disability Reservation for CAG Auditor Posts
Overview
The Supreme Court on 12 March 2026 ruled that government agencies cannot deny recruitment of persons with benchmark disabilities by relying on an outdated post‑identification list. The Court directed the implementation of the 2021 Gazette Notification issued under the Rights of Persons with Disabilities Act, 2016.
Key Developments
- Bench of Justice Vikram Nath and Justice Sandeep Mehta held that the 2013 post‑identification list, which excluded SLD and mental illness, is superseded by the 2021 notification.
- The Court ordered the SSC to forward the dossiers of the two aggrieved candidates to the CAG within two weeks.
- If the 2018 vacancies are already filled, the authorities must create supernumerary posts for the candidates.
- The judgment re‑affirms that Group ‘C’ posts such as Assistant (Audit) and Auditor‑II are eligible for reservation for persons with mental illness and SLD.
Important Facts
• The dispute originated from the 2018 SSC Combined Graduate Level Examination for the post of Auditor in the CAG office.
• Candidates Sudhanshu Kardam (SLD) and Amit Yadav (mental illness) were rejected on the basis of the 2013 list.
• The 4 January 2021 Gazette Notification expanded reservation eligibility for several Group ‘C’ posts, explicitly including mental illness and SLD.
• The Court noted an affidavit from the CAG acknowledging the applicability of the 2021 notification.
Exam Relevance
The case touches upon multiple GS‑2 themes: constitutional guarantee of equality, implementation of disability legislation, and the functioning of central recruiting agencies. Aspirants should note the procedural hierarchy—how a Supreme Court judgment can override earlier administrative orders and compel ministries to align recruitment with the latest statutory notifications. Understanding the RPwD Act’s evolution is essential for questions on social justice, reservation policy, and administrative law.
Way Forward
- All ministries must review existing post‑identification lists against the 2021 RPwD notification to avoid similar litigation.
- Recruiting agencies should maintain an updated database of benchmark disabilities and ensure that vacancy advertisements reflect current eligibility.
- Training of HR officials on disability‑inclusive recruitment can pre‑empt disputes and promote compliance with constitutional mandates.