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2026 DAILYLAW 15007 (DEL)

DHEERU YADAV v. UNION OF INDIA & ORS.

W.P.(C)/1057/2026 · 2026-08-12

Sanjeev Narula

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 1057/2026 Page 1 of 4 $~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010022532026 + W.P.(C) 1057/2026 & CM APPL. 5107/2026 DHEERU YADAV .....Petitioner Through: None. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Shashank Dixit, CGSC for R-1 to R-3. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 12.08.2026 CM APPL. 43948/2026 (seeking direction for disposal of the present writ petition) 1. Since process fee was not filed, notice of the application could not be issued. However, as the main writ petition is listed today for regular hearing, the same is taken up for consideration. The factual averments contained in the application shall also be considered to the extent they bear upon the issues arising in the writ petition 2. Accordingly, the application is disposed of. W.P.(C) 1057/2026 3. The Petitioner, states that he is a person with benchmark disability. He approached this Court alleging that he was denied an opportunity to participate in the recruitment examination for engagement as a State This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:56:35 W.P.(C) 1057/2026 Page 2 of 4 Coordinator under the Programme Monitoring Unit of the Department of Social Justice and Empowerment. According to him, although he reported at the designated examination centre on 31st December, 2025 with a scribe, he was not permitted to enter the examination hall on the ground that neither the recruitment notification nor the examination instructions contemplated the assistance of a scribe or other accommodation for candidates with disabilities. The principal relief sought is a direction to conduct a fresh examination so that the Petitioner may participate in the recruitment process. 4. The Respondents have now placed on record, along with CM APPL. 43948/2026, a notice dated 20th April, 2026. By the said notice, the impugned advertisement dated 4th November, 2025, has been cancelled for administrative reasons and, consequently, the recruitment process initiated pursuant thereto has also been brought to an end. 5. The recruitment process on which the prayer for a fresh examination rests thus no longer survives. A special examination for the Petitioner cannot be directed in aid of a selection process which itself stands cancelled. To that extent, therefore, the relief sought in the petition has become infructuous. 6. The cancellation of the recruitment process does not, however, dilute the obligation of an examining authority towards candidates with disabilities. The duty to provide reasonable accommodation does not arise only when an advertisement expressly provides for it. It flows from the Rights of Persons with Disabilities Act, 20161, and must be discharged in accordance with the guidelines governing the examination concerned. Whether a candidate is entitled to a particular accommodation, including the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:56:35 W.P.(C) 1057/2026 Page 3 of 4 assistance of a scribe, would necessarily depend upon the applicable statutory and regulatory framework and the individual circumstances of the candidate. 7. The Court does not, however, consider it necessary in the present petition to adjudicate whether the Petitioner was wrongfully denied such accommodation on 31st December, 2025. That determination would require examination of the nature of the disability, the documents produced by the Petitioner, the guidelines applicable to the examination, and the events which occurred at the examination centre. The recruitment process having itself ceased to exist, such an enquiry is no longer necessary for deciding the principal relief sought in these proceedings. The Court, therefore, leaves that controversy open rather than recording findings on an issue which no longer bears upon a subsisting selection process. 8. This does not mean that the alleged incident may be disregarded in any future recruitment. If the Respondents undertake a fresh recruitment for the posts in question, they shall ensure that the advertisement, application process and examination instructions adequately address the requirements of candidates with disabilities and provide for reasonable accommodation in accordance with the RPwD Act, 2016, and the guidelines in force at the relevant time. Where assistance of a scribe or any other accommodation is sought, the request shall be considered in accordance with the applicable framework rather than rejected merely because the recruitment advertisement is silent on the subject. 9. It is clarified that this Court has expressed no opinion on whether the Petitioner was entitled to the particular accommodation sought by him on 1 “RPwD Act” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:56:35 W.P.(C) 1057/2026 Page 4 of 4 31st December, 2025, or on the correctness of the action taken by the officials at the examination centre. 10. Subject to the aforesaid observations and directions, the petition has been rendered infructuous and is disposed of, along with the pending application(s). SANJEEV NARULA, J AUGUST 12, 2026/hc This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:56:35