UNION OF INDIA & ANR. vs SWARAJ KR GAYEN & ANR.

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 13.10.2025 + W.P.(C) 1549/2021 & & CM APPL. 4441/2021 UNION OF INDIA & ANR. .....Petitioners Through: Mr. Subhash Tanwar, Mr. Naveen, Mr. Sandeep Mishra, Mr. Harshit Deshwal, Advocates. versus SWARAJ KR GAYEN & ANR. .....Respondents Through: Ms. Roma Bhagat, Mr. Rohan Sharma, Ms. Ruchika Sharma, Mr. Abhigyan Dwivedi, Advocates. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J (ORAL) 1. This writ petition has been filed by the petitioner-Union of India [“UOI”], against an order dated 12.10.2020 passed by the Court of Chief Commissioner for Persons with Disabilities [“PwD”], on a complaint filed by respondent No. 1 herein [“the complainant”]. 2. The complaint arose in the context of a recruitment notification dated 10.02.2018 issued by the Railway Recruitment Board, Ministry of Railways, Government of India. The said advertisement was for several posts in Group C and Group D under various regional Railway units. The petitioner applied for appointment as a PwBD [Orthopedically Handicapped] candidate, in the demographic category of Scheduled Caste, under the vacancies reserved for Eastern Railways. 3. The said recruitment process was challenged before this Court by Signature Not Verified Signed By:SOMYA W.P.(C) 1549/2021 Page 1 of 8 SATIJA Signing Date:16.10.2025 10:34:28 the National Federation of the Blind in W.P.(C) 1855/2018, on the ground that the notification failed to identify reservation for candidates with visual impairment. The petition was adjourned from time to time, on the submission of UOI that it proposed to issue a corrigendum to rectify the position. The petition was ultimately disposed of on 29.01.2019, recording that the Ministry of Railways had issued an Office Memorandum dated 16/17.01