W.P.(C)/12552/2026 of NAVEEN KUMAR Vs HIGH COURT OF DELHI on 21 September 2026

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21.09.2026

1. On 17.09.2026, the following order was passed: “CM APPL. 63412/2026

1. This application is filed by the petitioner under Order I Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) seeking impleadment of the Institute of Human Behavior and Allied Sciences (IHBAS) as respondent no. 2.

2. For the reasons stated therein, the application is allowed and IHBAS is impleaded as respondent no. 2. The amended memo of parties is taken on record.

3. Accordingly, the application is disposed of.

W.P.(C) 12552/2026

4. The petitioner is a specially-abled person and had applied for promotion to the post of Junior Judicial Assistant (JJA)/Restorer on 23.04.2026 and appeared in the first typing test held on 26.07.2026. On 07.08.2026, the petitioner applied for exemption from the typing test and produced a Unique Disability ID/Certificate (UDID No. DL7852019750004013) in support thereof. The request for exemption was rejected by the respondent on 12.08.2026 vide Memorandum No. 69/Exams- NJ/DHC.

5. The grievance raised in this writ petition is, inter alia, that a similarly situated candidate Mr. Daya Prakash was exempted from the typing test. The relevant portion of the minutes of the meeting dated 20.07.2026 is reproduced below: “The representationist, Mr. Daya Prakash be exempted from typing test in respect of Junior Judicial Assistant/Restorer Examination-2026 under 5% Departmental Test Quota by Hon'ble the Chief Justice in exercise of powers under Rule 12 of Delhi High Court Establishment (Appointment & Conditions of Service) Rules 1972, subject to his taking written examination and securing minimum 40% qualifying marks. The syllabus and scheme of examination for the written test be adopted as approved for the Junior Judicial Assistant/Restorer Examination-2026 under 25% Departmental Test Quota. The representationist be informed accordingly Further, the Paper Setter for the aforesaid written examination be nominated by the Chairman of the Committee.”

6. Learned counsel for the petitioner submits that the petitioner be treated at par with Mr. Daya Prakash and be exempted from the typing test.

7. Learned counsel appearing for IHBAS on advance notice, on instructions from Dr. Suman, Prof. (Neurology) contends that the condition of the petitioner is irreversible and is likely to aggravate with the passage of time. For this reason, the certificate with a validity of two years was issued to reassess the percentage thereafter. He seeks time to place on record the written note of the doctor in this regard.

8. Learned counsel for respondent no. 1 contends that the petitioner cannot be treated at parity with Mr. Daya Prakash for exemption, Mr. Daya Prakash applied for exemption prior to the typing test whereas the petitioner made the application after having appeared in the first typing test held on 26.07.2026 and promotion process is at fag end and result is to be declared. The submission is also that it is not evident from the certificate produced that the disability is permanent in nature. At this stage, learned counsel seeks time to have instructions with regard to the vacancies likely to be created in the near future and the estimated timeline for initiation of the next promotion process in which the petitioner can apply.

9. It is apposite to note that the present promotion process is at fag end and the result is likely to be declared. The written test of Mr. Daya Prakash has already been conducted. At this stage, permitting the petitioner to participate would stall the entire process.

10. Considering the statement of learned counsel for respondent no. 2 that the nature of the disability is irreversible and to balance the equities so that the petitioner is not indefinitely deprived of an opportunity, time is granted to learned counsel for respondent no. 1 to obtain instructions.

11. Put up on 21.09.2026.”

2. The note of Dr. Suman, Prof. (Neurology) is taken on record.

3. Learned counsel for respondent no.1 has produced a photocopy of the instructions received. The photocopy is taken on record.

4. As per the instructions produced, the next process for promotion of Junior Judicial Assistant (JJA)/Restorer from the post of Court Attendant will be initiated in April/May 2027.

5. The note of Dr. Suman, Prof. (Neurology) is to the effect that disability of the petitioner is permanent. The promotion process in issue in present petition is complete and only result is to be declared. A similarly situated candidate Mr. Daya Prakash was granted exemption from appearing in the typing test. The writ petition is disposed of with a direction that the petitioner shall be considered at parity with Mr. Daya Prakash for grant of exemption from appearing in the typing test in the upcoming process of promotion which is likely to be initiated in April/May 2027.

6. It is clarified that respondent no.1 shall be at liberty to seek a latest disability certificate, if so desired.

7. The writ petition is disposed of accordingly.

AVNEESH JHINGAN, J

SHAIL JAIN, J SEPTEMBER 21, 2026 ‘JK’