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Service & Administrative LawSupreme Court of India

Prabhu Kumar v. The State of Himachal Pradesh

Civil Appeal · 2026 INSC 253Decided 11 Mar 2026
C.A. No.-000868-000868 - 2024
Justice Vikram Nath · Justice Sandeep Mehta

Background

The appellant, a law graduate with 90% locomotor disability (left shoulder disarticulation) who had practised as an advocate since 2015, applied for the post of Assistant District Attorney (ADA) in Himachal Pradesh under the disability quota. He cleared the written exam and interview and was recommended for appointment, but the State withheld his appointment letter on the ground that his 90% disability exceeded the advertisement's prescribed ceiling of 60% disability for the physically-handicapped category. His writ petition challenging this exclusion was dismissed by the Himachal Pradesh High Court, even though the High Court itself flagged that the State had no clear basis for fixing the 60% ceiling.

Decision Breakdown

The Supreme Court set aside the High Court's judgment and held that denying the appellant appointment despite his success in the selection process was arbitrary and violated Articles 14 and 16 as well as the RPwD Act, 2016. The Court found that the State had fixed the 60% disability ceiling without any objective evaluation of the job's actual functional requirements and without consulting any expert medical committee, as required under the statutory scheme: the State's own affidavits revealed confusion and an absence of a rational basis for the cutoff. The Court noted the job of an ADA primarily requires legal acumen, mental alacrity and analytical ability to conduct litigation, teach law, and advise the government: functions for which a disability in the arm/shoulder, whatever its percentage, is not a genuine impediment. The Court ordered the State to appoint the appellant within two weeks, directed that his appointment relate back to 19 September 2019 (the date of the original appointment notification) with all notional benefits from that date, and imposed Rs. 5 lakh costs on the State for the unjust denial and prolonged litigation it caused.

Lesson Learnt

A government cannot impose disability percentage ceilings in recruitment without a documented, expert-backed rational basis tied to the actual functional demands of the job: an arbitrary cutoff that ignores an already-successful candidate's demonstrated competence is unconstitutional and can result in mandatory appointment with back-dated benefits and costs against the State.

Prabhu Kumar v. The State of Himachal Pradesh – Legal Case Shots | LegalAware