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Judgment
Hon'ble Pankaj Purohit, J. (Oral)
This writ petition has been filed by the petitioner seeking a writ of mandamus commanding the respondents to provide horizontal reservation under the ‘Persons with Disability’ category of locomotor disability by including the newly incorporated sub category i.e. Spinal Deformity (SD) and Spinal Injury (SI) without associated neurological condition in the category of locomotor disability.
It is the contention by the petitioner that disability “Spinal Deformity (SD) and Spinal Injury (SI) without neurological condition” has been determined by the Central Government as a new sub category in the locomotor category by issuing a Notification dated 24.08.2022 (Annexure No.2 to the writ petition). Pursuant to the said Notification issued by the Central Government, the State Government has also included/identified the “Spinal Deformity (SD) and Spinal Injury (SI) without neurological condition” as a sub category of the locomotor disability vide Government Order dated 11.02.2026.
The petitioner contends that the respondent-UKSSSC issued the advertisement dated 31.08.2026 inviting applications for supplying various posts of Group-C in different departments of the State of Uttarakhand. In the reservation clause of said advertisement, while providing horizontal reservation to the posts advertised, the newly included sub category i.e. “Spinal Deformity (SD) and Spinal Injury (SI) without neurological condition” has not been included for any of the posts advertised. The sum and substance of the petitioner’s argument is that once the sub category of “Spinal Deformity (SD) and Spinal Injury (SI) without neurological condition” has been identified/included in the locomotor category, such posts should have been identified/reserved and proper reservation should have been provided to them also in the recruitment.
This Court vide order dated 25.09.2026 called for the instructions from the State Government.
Today, the learned State Counsel has provided instruction dated 06.10.2026 which are taken on record; as per the instruction, it is contended by learned State Counsel that the “Spinal Deformity (SD) and Spinal Injury (SI) without neurological condition” has been added as a sub category in the locomotor disability category by the State Government and now, for inclusion of the said sub category in the advertisement, the requisition should have been amended by the concerned department, and thereafter, requisition should have been re-sent after amendment to the selecting body. The selecting body can accordingly include aforesaid sub-categories i.e. Spinal Deformity (SD) and “Spinal Injury (SI) without neurological condition” in its advertisement by issuing the necessary corrigendum.
On instructions, it is submitted by learned State Counsel that the said fact is admitted in instructions that the “Spinal Deformity (SD) and Spinal Injury (SI) without neurological condition” has been included in the sub category to locomotor disability has been identified and the Government Order dated 11.02.2026 has already been forwarded to all the heads of the department of the State Government on 14.08.2026 asking them to include the newly identified sub category of locomotor disability against the available posts.
In such view of the matter, the writ petition is accordingly disposed of. The respondents are directed to amend their requisitions pursuant to which advertisement dated 31.08.2026 was issued by the respondent-UKSSSC and send the amended requisition to the UKSSSC after completing the identification process within a period of 15 days from the date of the receipt of this order.
Till the identification and inclusion of newly identified sub category of locomotor disability is sent to the Commission, the Commission shall not proceed with the advertisement dated 31.08.2026. On receipt of the amended requisition by each of the department/ concerned department, the respondents-UKSSSC shall issue a corrigendum including the newly identified sub category i.e. of “locomotor disability” as per the amended requisition.