MP High Court: Disability Vacancies Identified in 2019 but Advertised in 2023 Are Backlog Vacancies

The Madhya Pradesh High Court held that vacancies reserved for persons with disabilities, identified in 2019 but advertised in 2023, must be treated as backlog vacancies. 

Justice Ashish Shroti clarified that the recruitment year is the year of identification, not advertisement. 

The Court ruled that carried-forward disability vacancies form a distinct category and cannot be merged with fresh vacancies. It further noted that, under Section 34(2) of the RPwD Act, unfilled posts can be interchanged across disability categories.

Rejecting the State’s argument that delayed advertisement negated backlog status, the Court directed consideration of the petitioner against the 2019 MD backlog vacancy.

[Vaishali Chaturvedi V State of Madhya Pradesh]