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Employment & Labour · 12 March 2026

Disability Reservation Cannot Be Denied by Simply Declaring a Post 'Not Identified' Without Genuine Functional Assessment: Supreme Court

Source: Originally reported by Verdictum and other legal news outlets on and around 12 March 2026, covering the Supreme Court's ruling in Sudhanshu Kardam v. Comptroller and Auditor General of India & Ors. (2026 INSC 232). This article has been independently researched and rewritten in full by S&S Co. Advocates & Solicitors for informational purposes — it is not a reproduction of the original reports. Readers are encouraged to consult the original sources and the underlying judgment directly.

The Supreme Court has directed the Comptroller and Auditor General of India to reassess whether auditor posts within its establishment can be identified for reservation under disability-reservation law, rejecting the CAG's blanket position that the post was simply 'not identified' for such reservation without a genuine, post-specific functional assessment.

The Court held that a public employer cannot discharge its statutory obligation to identify posts suitable for persons with disabilities merely by asserting, without real analysis, that a given post's functional requirements are incompatible with disability — the assessment must engage with the post's actual duties and how reasonable accommodation could enable a person with disability to perform them.

The ruling reinforces that public sector employers carry an active, ongoing obligation to periodically and genuinely reassess which posts can be opened to disability reservation, rather than treating an earlier non-identification as a permanent, unreviewable default position.

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