‘Disability Is Not Disqualification’: Kashmir Engineer With Cerebral Palsy Wins CAT Relief In JE Recruitment Row

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 the recruitment process conducted by the Jammu and Kashmir Services Selection Board (JKSSB).

Wani, a resident of Chattabal in Srinagar, is known in Kashmir’s literary and academic circles for his writings on philosophy, religion, literature and science.

The Electrical Engineering graduate from the National Institute of Technology (NIT) has written for several local and national publications and has also delivered lectures at universities in Kashmir.

The tribunal, while hearing his plea against the Power Development Department (PDD) and other authorities, observed, “Being disabled should not mean being disqualified from having access to other aspects of life.”

A bench of Member (J) MS Latif and Member (A) Prasant Kumar said employment is “national wealth” and 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 said.

Amir Suhail, Kashmir Engineer with cerebral palsy (Special arrangement)

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

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

The petitioner said he secured a place in the provisional selection list issued on February 23, 2026. However, his recommendation was withheld over clarification regarding his disability certificate and a minor discrepancy in parentage details across documents.

The plea stated that the chief medical officer, Srinagar, later constituted a medical board which certified that Wani was a known case of cerebral palsy with spastic quadriparesis. Authorities also issued a separate certificate clarifying the parentage variation.

Advocate Huzaif Ashraf Khanpori, appearing for Wani, argued that the petitioner fulfilled all eligibility conditions and that his disability would not affect his ability to function as an engineer.

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

The bench referred to multiple Supreme Court judgements on rights of persons with disabilities, including Syed Bashir-ud-din Qadri vs Nazir Ahmed Shah and the Union of India vs the National Federation of the Blind.

Quoting from a Supreme Court ruling, the tribunal said the Rights of Persons with Disabilities Act, 2016, is rooted in “the principle of equality and non-discrimination".

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

Deputy Advocate General Syed Musaib, appearing for the respondents, argued that authorities had acted within the framework of the Disabilities Act and there was no discrimination against the petitioner.

While issuing notice to the respondents, the tribunal directed that one Junior Engineer (Electrical) post under the category in which Wani applied should not be filled till the next hearing.

“At this stage, prima facie, a case for indulgence is made out,” the tribunal said while directing the respondents to file their reply within two weeks. The matter is scheduled for hearing on May 26, 2026.

Also Read