Patna High Court Rules PwD Vacancies Must Follow RPwD Act, Not State Resolutions
Court says unfilled disability quota posts must be carried forward
Executive instructions cannot override statutory mandate under Section 34
By Our Legal Correspondent
New Delhi: February 12, 2026:
In a landmark judgment, the Patna High Court has ruled that recruitment to government posts reserved for persons with benchmark disabilities (PwD) must strictly conform to the Rights of Persons with Disabilities Act, 2016 (RPwD Act). The Court held that executive resolutions or recruitment notifications inconsistent with the Act cannot create enforceable rights.
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The ruling came in a batch of writ petitions, including Rajeev Ranjan v. State of Bihar (Civil Writ Jurisdiction Case No. 1373 of 2025), challenging the Bihar Technical Service Commission’s (BTSC) recruitment process for 6,379 Junior Engineer posts advertised in 2019. Petitioners argued that the State’s 2017 resolution on horizontal reservation for PwD candidates was not in line with the RPwD Act.
Background of the Case
- Recruitment: BTSC advertised 6,379 Junior Engineer posts in 2019.
- Petitioners’ grievance: The State’s 2017 resolution allowed unfilled PwD vacancies to be diverted to other categories instead of being carried forward.
- Legal reliance: Petitioners cited Section 34(2) of the RPwD Act, which mandates that unfilled vacancies for PwD candidates must be carried forward to subsequent recruitment cycles.
- Court’s bench: Justice Bibek Chaudhuri heard the petitions together, as they raised common issues of law.
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Court’s Observations
The High Court made several key points:
- Statutory supremacy: Section 34(2) of the RPwD Act clearly requires unfilled PwD vacancies to be carried forward.
- Executive resolutions invalid: The 2017 resolution was inconsistent with the Act and therefore unenforceable.
- Horizontal reservation: PwD reservation is horizontal, cutting across vertical categories like SC, ST, OBC, and General.
- Dismissal of petitions: The Court dismissed challenges to the merit list, holding that statutory provisions prevail over executive instructions.
Why This Matters
- For PwD candidates: Ensures that reserved vacancies cannot be diverted and must be carried forward, strengthening disability rights in public employment.
- For government: Reinforces the need to align recruitment policies with statutory mandates.
- For judiciary: Sets a precedent that executive orders cannot override parliamentary legislation.
- For society: Promotes inclusivity and fairness in employment opportunities for persons with disabilities.
Wider Legal Context
- RPwD Act, 2016: Provides 4% reservation in government jobs for persons with benchmark disabilities.
- Section 34(2): Mandates that unfilled vacancies must be carried forward to the next recruitment cycle.
- Judicial consistency: Courts across India have repeatedly emphasized that statutory rights under the RPwD Act cannot be diluted by executive instructions.
- Impact on Bihar: The ruling will affect future recruitment processes, ensuring compliance with the Act.
Conclusion
The Patna High Court’s ruling in Rajeev Ranjan v. State of Bihar is a significant victory for disability rights. By holding that PwD vacancies must be carried forward and that executive resolutions cannot override the RPwD Act, the Court has reinforced the principle of statutory supremacy. This judgment will shape recruitment policies in Bihar and beyond, ensuring that persons with disabilities receive the opportunities guaranteed to them under law.
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GEO Keywords
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