CAT Relief for Disabled Kashmir Engineer, JE Post to Be Kept Vacant in JKSSB Recruitment Row | Kashmir Life

SRINAGAR: The Central Administrative Tribunal (CAT) in Srinagar has directed authorities to keep one post of Junior Engineer (Electrical) vacant for Amir Suhail Wani, a Kashmiri engineer, writer and researcher with cerebral palsy, whose recommendation was withheld during a recruitment process conducted by the Jammu and Kashmir Services Selection Board (JKSSB).

The development was first reported by ETV Bharat.

Wani, a resident of Chattabal, is known in Kashmir’s literary and academic circles for his writings on philosophy, religion, literature and science. An Electrical Engineering graduate from the National Institute of Technology Srinagar, he has contributed to several publications and delivered lectures at universities in the region.

Hearing his plea against the Power Development Department (PDD) and other authorities, a bench comprising Member (J) MS Latif and Member (A) Prasant Kumar observed that disability cannot be a ground for exclusion.

“Being disabled should not mean being disqualified from having access to other aspects of life,” the tribunal said, adding that employment is “national wealth” in which every eligible candidate has a right to fair consideration.

“Employment is a national wealth in which every eligible candidate has a right of consideration, and nobody can monopolise this national wealth, particularly the safeguards which the Constitution has provided for people with disabilities,” the bench noted.

The tribunal further observed that recruiting agencies carry an “extra burden” to ensure that the rights of specially abled persons are protected and constitutional guarantees upheld.

According to the petition, JKSSB had issued Advertisement Notification No. 02 of 2025 for Junior Engineer (Electrical) posts in corporations under the PDD. Wani applied under both the Open Merit and Persons with Benchmark Disabilities categories and appeared in the written examination held on October 25, 2025.

He secured a place in the provisional selection list issued on February 23, 2026. However, his recommendation was withheld over the need for clarification regarding his disability certificate and a discrepancy in parentage details across documents.

The plea stated that the Chief Medical Officer, Srinagar, subsequently constituted a medical board which certified Wani as a case of cerebral palsy with spastic quadriparesis. Authorities also issued a clarification regarding the variation in parentage details.

Advocate Huzaif Ashraf Khanpori, appearing for Wani, argued that the petitioner met all eligibility criteria and that his disability would not affect his professional functioning.

“He holds a qualified degree from a recognised institute and can very well man his position,” the counsel submitted.

The bench referred to Supreme Court rulings, including Syed Bashir-ud-din Qadri vs Nazir Ahmed Shah and Union of India vs National Federation of the Blind, underscoring that the Rights of Persons with Disabilities Act, 2016 is based on principles of equality and non-discrimination.

It also observed that courts are not experts in assessing disabilities and that medical opinions should ordinarily be respected. “There can be an error of judgment, but it is always left to the domain of the experts, as courts do not have that expertise,” the bench said.

Deputy Advocate General Syed Musaib, representing the respondents, maintained that authorities had acted within the framework of the Disabilities Act and denied any discrimination.

While issuing notice, the tribunal directed that one Junior Engineer (Electrical) post under Wani’s category should remain unfilled until the next hearing. “At this stage, prima facie, a case for indulgence is made out,” the bench observed, directing the respondents to file their reply within two weeks.

The matter is scheduled for further hearing on May 26, 2026.