HP High Court Directs Action on Class-IV Vacancies for Visually Impaired; Questions Disability Commissioner Delay
SHIMLA: The Himachal Pradesh High Court has directed the State Government to take immediate steps to fill vacant Class-IV posts reserved for visually impaired persons, including issuing the necessary recruitment advertisement before the next hearing, while simultaneously seeking clarity over the appointment of an independent State Commissioner for Persons with Disabilities.
The directions came on August 31, 2026, in Court on its Own Motion v. State of Himachal Pradesh & Others, CWPIL No. 12 of 2019, before a Division Bench comprising Chief Justice G.S. Sandhawalia and Justice Chirag Bhanu Singh. The matter is listed for October 27.
The proceedings involve the rights of persons with disabilities, with the Blind Persons Association, Himachal Pradesh, participating in the matter. Advocates Deven Khanna, Prashant Sharma and Sambhav Bhasin appeared for the applicant in CMP No. 1335 of 2026.
The Court was informed that the State had initiated recruitment for 172 posts reserved for persons with disabilities, with recruitment processes in different departments beginning between December 2025 and April 2026.
However, the Bench noted that the vacancy chart placed before it covered only 36 departments and specifically examined vacancies available for visually impaired persons.
The issue gained significance after the Director, Empowerment of SCs, OBCs, Minorities and Specially Abled (ESOMSA) had proposed on July 8 a one-time approval to fill all vacant Group-C and Group-D posts reserved for persons with disabilities.
The State declined the proposal, stating that filling vacancies of a particular reserved category in one go could be discriminatory.
The Court was also referred to a special recruitment drive undertaken in Punjab for Group-D posts exclusively for visually impaired persons.
Observing that “where there is a will, there is a way,” the Bench directed Himachal Pradesh to first take effective steps to fill vacant Class-IV posts for visually disabled persons and issue the necessary advertisement before the next hearing.
The Bench noted the particular disadvantage faced by visually impaired Class-IV aspirants, including limited access to educational opportunities that can restrict their ability to compete for higher posts. It also referred the State to Sections 33 and 34 of the Rights of Persons with Disabilities Act, 2016, concerning identification of posts and reservation for persons with benchmark disabilities.
Alongside the recruitment issue, the Court pulled up the State over its failure to address the appointment of an independent State Commissioner for Persons with Disabilities.
The affidavit filed by the Director, ESOMSA on August 24 did not deal with the issue despite an earlier court direction. The Bench noted that the appointment and functions of the Commissioner are governed by Sections 79 and 80 of the 2016 Act.
The Court also considered submissions relying on the Supreme Court's 2023 judgment in Seema Girija Lal v. Union of India, in which the requirement of an independent Commissioner had been specifically addressed. The proceedings also raised the question of whether disability safeguards could appropriately be monitored by delegating the functions to an existing Director.
In a separate but related concern, the Bench examined the condition of the M.R. Home (Intellectually Disabled Home), Hostel and School at Hiranagar, Shimla, constructed at an estimated cost of Rs 5.24 crore for 50 children. The Court noted that modifications and rectification of deficiencies had been estimated at Rs 8.28 crore, exceeding the original construction cost. Earlier proceedings had recorded accessibility defects, including narrow bathroom doors that prevented easy access for wheelchair and walker users.
The Bench directed the State to file a fresh affidavit through the Secretary, Social Justice and Empowerment Department, detailing the corrective measures and ordered that responsibility be fixed on the person who approved the infrastructure for which expenditure greater than the original construction cost is now required.
The disability-rights matter has been listed for October 27, 2026, with the Court requiring the State to address the recruitment of vacant Class-IV posts for visually impaired persons and the pending issue concerning the independent State Commissioner.If you want, I can also make this **more Himbumail-style—harder headline, stronger lead and shorter 8–10 paragraph copy**.
