Can a disabled person be appointed even if he has scored less marks

Sir/ Maam, I am a doctor with MD degree. There was an interview with exam held for the post of Senior resident doctor in a central institute. It was an unreserved seat for which seven candidates had appeared. I was the top scorer as revealed by the results later. The results were initially delayed due to administrative reasons and finally a PWD ( person with disability) candidate who had scored much less has been allotted the seat.Is it legal for the institute to do so.

Answers (2)

319 votes

It is illegal. Because you stated that the seat was an unreserved seat. Under that they won't allot to PWD candidate. You can file a writ petition either in concern High court or Supreme court. Surely you will get remedy.

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137 votes

No they can not do like that. Only they have a reservation. In your case they should select candidate only on merits. Since you secure more marks than the other person whether he is normal or disable, you only have the right to secure the seat. Hence approach the High court for remedy by filing a writ petition.

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