Rights of Persons with Disabilities Act, 2016 – “reasonable accommodation” – Constitution of India – Art.41 r/w 14 & 21; Art.142 – Advertisement was published by Coal India Limited (CIL) for recruitment of Management Trainees – Notification advertising the vacancies did not provide for “multiple disability” and the appellant applied for the post under the Visually Handicapped (VH) category – Appellant was denied employment despite having qualified for the interview on the ground that she was not only suffering from visual disability but also from residuary partial hemiparesis – Writ petition filed by Appellant – Single Judge found that CIL, a Public Sector Corporation could not refuse appointment in the multiple disabilities category and quashed the Initial Medical Examination (IME) result however, since, the appellant had approached the Court after the completion of the recruitment process, she was allowed to participate in the ensuing recruitment process (2023) in the reserved category for persons with disability – Order set aside by Division Bench – Challenge to – All India Institute of Medical Sciences directed to constituted a Board of experts and for co-opting Dr. Satendra Singh working on disability rights for a long time, for assessment as regards disability – Report submitted, according to which the appellant suffers 57% of disability, which is above the benchmark disability, i.e., 40%: Held: Appellant at the first instance was wrongly denied her employment pursuant to the 2019 notification – The Single Judge of the High Court moulded the relief in view of the passage of time and directed her to be considered from the IME stage for the 2023 recruitment – By interim order passed earlier, one post was also kept vacant – On facts, Division Bench of the High Court was not justified in setting aside the judgment of the Single Judge merely because the panel had expired – The report from AIIMS finds her with 57% disability, rendering her eligible for the appointment under the reserved quota – Appellant qualified for the interview in 2019 selection and was denied employment due to no fault of hers – Her disability exceeded the benchmark disability and only because the notification advertising the vacancies did not provide for “multiple disability” and the appellant applied as a visually handicapped candidate, she was denied employment – Order of Division Bench of High Court set aside – A supernumerary post be created for the appellant – Chairman of Coal India to provide a suitable position/posting commensurate with the ability of the appellant, and in such circumstances, she be provided a suitable desk job with a separate computer and keyboard, as per universal design as defined u/s.2(ze) of the Rights of Persons with Disabilities Act, 2016 – Chairman of CIL to post the appellant at North Eastern Coalfields Coal India Ltd., having an office at Margherita, Tinsukia, Assam – Order passed in the peculiar facts and circumstances of this case, in view of Art.41 r/w 14 & 21 of the Constitution and in exercise of power u/Art.142.[Paras 8, 29-31] Constitution of India – Article 142 – Intersectionality of disability with gender justice:
Held: In the present case, a single woman is before this Court who has the urge to succeed notwithstanding the disability she encounters – Technicalities like expiry of panel for the year or the factum of interim order reserving a vacancy having come to be passed after the expiry of panel cannot come in the way of our doing complete justice – Especially when the denial of employment in 2019 was no fault of her’s. [Para 23]
Disability rights – Corporate Social Responsibilty And Disability Rights – UN Guiding Principles on Business and Human Rights (Guiding Principles), as endorsed by the United Nations Human Rights Council in 2011; Working paper “Disability and CSR Reporting: An analysis comparing reporting practices of 40 selected multinational enterprises”, produced by the ILO Global Business and Disability Network, referred: Held: Rights of persons with disabilities have to be viewed from the prism of Corporate Social Responsibility in order to protect and further such rights – True equality at the workplace can be achieved only with the right impetus given to disability rights as a facet of Corporate Social Responsibility – Disability inclusion is a vital component of the “Social” dimension in the Environmental, Social and Governance (ESG) framework – Rights of Persons with Disabilities Act, 2016. [Paras 27, 28]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.