New Delhi: In a sharp rebuke to the Government of the National Capital Territory of Delhi, the Delhi High Court on Monday reprimanded the state administration for its continued failure to comply with court orders to fill backlog vacancies reserved for persons with disabilities (PwD).
The court described the government’s filings as confusing and misleading, and warned that it may initiate contempt of court proceedings if the state does not take immediate and concrete action to fulfill its legal obligations.
The ruling came during a hearing in which the bench — comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela — expressed serious displeasure with the manner in which the Delhi government has handled the implementation of its own recruitment obligations under the Rights of Persons with Disabilities (RPwD) Act, 2016 and earlier Delhi High Court directions.
Background of Delhi PwD Reservation Backlog
The controversy stems from a March 2023 Delhi High Court order that directed the state government to conduct a special recruitment drive to fill the backlog of posts reserved for candidates with disabilities across government departments.
At that time, the court had noted that approximately 1,351 posts under the direct recruitment quota remained vacant, including 356 positions earmarked for visually impaired candidates.
Delhi High Court had emphasized that these posts needed to be proactively filled, consistent with the objectives of the RPwD Act, which mandates affirmative action and reservation to ensure equal opportunities for persons with disability.
Despite these directions, the state’s follow-up measures have been far from satisfactory, leading to judicial frustration and public scrutiny.
Court’s Rebuke: Government Affidavit “Confusing the Court”
During Monday’s proceedings, the Court pulled no punches in chastising the government’s response. The bench observed that the affidavit filed by the state appeared to conflate general recruitment exercises with the court-mandated special drive, thereby creating confusion rather than clarifying compliance efforts.
> “Your affidavit is an attempt to confuse the court. You are mixing up ordinary recruitment with the special recruitment drive where backlog vacancies were to be filled,” the bench stated sternly.
In severely critical remarks, the Court questioned how government officials took over a year to collect basic data on vacant PwD posts — a task that, the bench noted, should have been accomplished in a significantly shorter timeframe.
The justices underscored that such prolonged delays and muddled filings were unacceptable, particularly in matters involving disability rights and equal employment opportunities.
They stressed that the state must provide clear, accurate, and comprehensive information about the steps it has taken or plans to take to fulfill the March 2023 order.
Threat of Contempt: Firm Judicial Warning
Perhaps the most consequential development from the hearing was the Court’s issuance of a stern warning to the Delhi government that contempt of court proceedings could be initiated if the state continued to default on its obligations.
The bench directed the National Federation of the Blind (NFB) — the petitioner in the matter — to file a detailed affidavit within two weeks, providing precise facts and figures on the unfilled reserved posts and related recruitment actions. Once the petitioner’s submission is on record, the government will be required to respond comprehensively.
The matter has been scheduled for further hearing on February 3, 2026, giving both sides time to update the Court on progress and compliance efforts.
Delhi PwD Reservation Backlog: PwD Reservation and the RPwD Act
The Right of Persons with Disabilities Act, 2016, provides a statutory mandate for reservation of posts for PwD candidates in government services and public sector undertakings.
Alongside the constitutional guarantee of equality, the RPwD Act seeks to ensure substantive inclusion and equal access to public employment for individuals with disabilities.
Under the Act, failure to identify, publish, and fill reserved posts constitutes a violation of statutory duty and directly affects the ability of PwD candidates to access employment opportunities on an equal footing with other citizens.
Legal experts note that such non-compliance not only undermines the protective framework of the RPwD Act, but also invites judicial intervention to uphold constitutional rights.
