DoPT Refers PwBD Complaint to Uttar Pradesh Government After UPSC Disqualification, State Appointment Under Scrutiny

After noting that the candidate’s UPSC candidature had been cancelled due to PwBD ineligibility, the DoPT directed the Uttar Pradesh Government to examine the complaint and take strict action as deemed appropriate.

New Delhi: The Department of Personnel and Training (DoPT) has forwarded a complaint regarding the disability-based appointment of Uttar Pradesh Government officer Shubham Agarwal to the state’s Chief Secretary, requesting a thorough examination of the matter and directing the State Government to take “strict necessary action” as deemed appropriate.

The referral marks the latest development in a case that has progressed through the Central Administrative Tribunal, the Delhi High Court, and ultimately the Supreme Court of India.

According to the DoPT communication, the Department received multiple complaints alleging misuse of reservation under the Persons with Benchmark Disabilities (PwBD) category by Agarwal. The letter notes that he was found ineligible under the Hearing Impairment sub-category during medical examinations conducted for the Civil Services Examination and that his candidature for Civil Services Examination-2024 was cancelled after being declared an invalid PwBD candidate.

The communication further records that medical assessments conducted during the Civil Services Examinations of 2017, 2018, 2020, and 2022 also assessed his disability below the benchmark required for availing reservation under the PwBD category.

The matter has gained wider significance because Agarwal is currently serving as a Naib Tehsildar in the Government of Uttar Pradesh, having secured appointment under the Physical Disability reservation category. According to the complaint, the same disability certificates and supporting documents relied upon for claiming reservation benefits in the Civil Services Examination were also used to obtain appointment in the State Government. These allegations are yet to be examined by the competent authorities.

The complaint submitted by Ashish Gupta to the Central and Uttar Pradesh Government authorities also alleges that Shubham Agarwal and certain members of his family, in nexus with officials of the Ghaziabad Chief Medical Officer (CMO) office, procured multiple disability-related medical documents. The complaint has sought an inquiry into these allegations and the alleged nexus. These allegations are part of the complaint and are yet to be examined or established by the competent authorities.

In its communication, DoPT has taken note of these allegations and forwarded the complaint to the Chief Secretary, observing that since the same disability certificates are alleged to have been submitted before the Uttar Pradesh Government, the matter should be examined and “strict necessary action” taken, as considered appropriate under the applicable rules.

The issue first came into national focus during litigation relating to the Civil Services Examination, where multiple medical boards at central government hospitals reportedly assessed the candidate below the benchmark disability prescribed for reservation. During the proceedings, the Supreme Court of India constituted an independent expert Medical Board at Rajiv Gandhi Government General Hospital, Chennai. Following the conclusion of the proceedings, the Court discharged the Union of India and the Union Public Service Commission (UPSC) from considering the candidature under the PwBD category.

Following the DoPT referral, complainant Ashish Gupta has urged the Uttar Pradesh Government to examine the records relating to Agarwal’s appointment under the disability reservation quota in light of the Supreme Court proceedings and the DoPT communication. He has sought appropriate action, if warranted, after due examination under the applicable law and service rules.

The matter will now be examined by the Uttar Pradesh Government. The State’s response to the DoPT referral could have wider implications for disability-reservation verification and the integrity of recruitment processes in public employment.

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