Recently, on 9 June 2026, the result of Uttar Pradesh Education Service Selection Commission (UPESSC) Advertisement No. 51 for the post of Assistant Professor was declared. However, no separate merit list was prepared for Persons with Disabilities (PwD) candidates. This is contrary to the letter and spirit of the Rights of Persons with Disabilities Act, 2016, which mandates a minimum 4% reservation for Persons with Disabilities (PwD) candidates.
Persons with Disabilities (PwD) constitute a distinct category. To ensure equal opportunity in public employment as guaranteed under Article 16(1) of the Constitution of India, separate cut-off marks and separate merit lists must be prepared for Persons with Disabilities (PwD) candidates at every stage of the recruitment process.
The Hon’ble Supreme Court, in Recruitment of Visually Impaired in Judicial Services (2025 INSC 300), observed that maintaining and applying separate cut-off marks for each category is mandatory. This principle necessarily extends to the Persons with Disabilities (PwD) category, requiring the preparation of a separate cut-off list and merit list to ensure effective implementation of reservation and equal opportunity in public employment.
Non-declaration of cut-off marks undermines transparency, creates ambiguity in the selection process, and leaves candidates uninformed about the basis of their results. Recognizing these concerns, the Hon’ble Supreme Court directed that all High Courts and Public Service Commissions (PSCs), while conducting recruitment to judicial services, must prescribe and disclose separate qualifying marks and prepare a separate merit list for persons with benchmark disabilities at each stage of the recruitment process.
In Prabhat Mishra v. State of U.P. (2025:AHC-LKO:40184), the Hon’ble Allahabad High Court (Lucknow Bench), relying upon the judgments of the Hon’ble Supreme Court, held that since Persons with Disabilities (PwD) constitute a separate category and are entitled to reservation under the applicable rules, it is incumbent upon the recruiting authorities to declare separate cut-off marks for the Persons with Disabilities (PwD) category at every stage of the selection process. The Court observed that such a course is essential to ensure adequate representation of similarly situated candidates in public service and to give meaningful effect to the object and purpose of reservation.
The non-disclosure of cut-off marks may result in Persons with Disabilities (PwD) candidates not receiving adequate representation in public service. Such a situation defeats the object of reservation and runs contrary to the mandate of the Rights of Persons with Disabilities Act, 2016, which seeks to ensure equal opportunity, non-discrimination, and effective participation of Persons with Disabilities (PwD) candidates in public employment.
However, it is interesting to note that the result declared on 04 September 2025 contained separate merit lists of Persons with Disabilities (PwD) and Dependent of Freedom Fighter (DFF) candidates qualified for the interview. This time, the Uttar Pradesh education Service Selection Commission (UPESSC) has omitted the separate merit lists for Persons with Disabilities (PwD) and Dependent of Freedom Fighter (DFF) candidates without any explanation.
This is a clear departure from established judicial and administrative precedents and raises serious concerns regarding transparency and fairness in the selection process, thereby making the result bad in the eyes of law.
(The author is an advocate practising at the Allahabad High Court with a specialization in service law.)
