Haryana Government to Reassess Disability Marks Policy After High Court Criticism
The Haryana government has announced its intention to conduct a comprehensive review of its transfer policy concerning the awarding of marks to employees with disabilities. This decision comes in response to sharp observations from the Punjab and Haryana High Court, which labeled the existing system as "prima facie irrational" during recent hearings.
Court's Scrutiny and State's Response
During a session on March 25, 2026, a Bench comprising Justice Ashwani Kumar Mishra and Justice Rohit Kapoor noted the Advocate-General's request for a two-week adjournment. This pause is intended to allow the state administration to thoroughly re-evaluate the contentious policy. The court has scheduled the next hearing for April 1, 2026, to assess any proposed revisions.
The High Court's criticism centered on the policy's allocation of 60 marks for age while assigning fewer marks for other criteria, including disability considerations. This discrepancy, according to the Bench, raises significant concerns about fairness and logic in the transfer process for government employees.
Petitioners' Arguments Against Differential Marking
The legal challenge was initiated through multiple petitions that argued the current policy violates the Rights of Persons with Disabilities Act, 2016. The petitioners, represented by advocates including LK Gollen, Bharti Gollen, and senior advocate JS Toor along with counsel Adhiraj Toor and Jasbir Singh, contended that employees with a disability of 40 percent or more constitute a homogeneous class under the Act.
They asserted that awarding marks based on varying degrees of disability infringes upon the statutory mandate for equal treatment. The petitions emphasized that such differential marking undermines the principles of inclusivity and non-discrimination embedded in the legislation.
State's Defense and Legal Precedents
In its defense, the Haryana government maintained that the transfer policy extends benefits to all employees with disabilities. The state argued it is within its administrative purview to grant additional marks to those with more severe disabilities, aiming to provide tailored support based on individual needs.
The court recorded the state's position that "all employees suffering from disability have been granted due benefit under the transfer policy, and that the State is at liberty to award additional marks to those suffering from a greater extent of disability."
However, the petitioners relied on a prior High Court judgment from November 6, 2025, in related cases, which supported their stance against differential treatment within the homogeneous group of persons with disabilities.
Implications for Disability Rights and Policy Reform
This case highlights ongoing tensions between administrative discretion and statutory protections for persons with disabilities in India. The outcome of Haryana's policy review could set a significant precedent for how states implement disability-inclusive measures in employment practices.
As the April 1 hearing approaches, stakeholders are closely monitoring developments, anticipating potential reforms that align more closely with the principles of equality and non-discrimination enshrined in national disability rights law.
