Case Note & Summary
The petitioner, Abhay Madhukar Murkhe, a 22-year-old belonging to the Special Backward category, suffers from 100% hearing impairment. The respondent, Mumbai Municipal Corporation, had reserved posts of clerks for persons with disabilities under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. In 2008, the Corporation issued an advertisement inviting applications for clerk posts, including those reserved for three categories of disabilities: visual, hearing impairment, and locomotive. The petitioner applied for the post reserved for hearing impairment. He was selected, but upon medical examination, the Corporation's medical board found him to have 100% hearing impairment and declared him medically unfit solely on that ground. The petitioner challenged this decision by filing a writ petition seeking a mandamus to direct the Corporation to appoint him. The Corporation filed an affidavit in reply on 5 October 2010, but during the hearing on 27 September 2011, the Corporation's counsel indicated that a new advertisement would be issued allowing even 100% hearing impaired persons to apply. However, the Court proceeded to decide the matter. The Court held that since the post was reserved for persons with hearing impairment, the petitioner could not be rejected on the ground of his hearing impairment. The Court directed the Corporation to appoint the petitioner to the post of clerk reserved for persons with hearing impairment within four weeks.
Headnote
A) Disability Law - Reservation - Medical Fitness - Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - The petitioner, with 100% hearing impairment, applied for a clerk post reserved for hearing impaired persons. The Municipal Corporation declared him medically unfit solely due to his 100% hearing impairment. The Court held that once a post is reserved for a specific disability, the candidate cannot be rejected on the ground of that very disability. The Corporation was directed to appoint the petitioner. (Paras 2-5)
Issue of Consideration
Whether a person with 100% hearing impairment can be denied appointment to a post reserved for persons with hearing impairment on the ground of medical unfitness due to the same disability.
Final Decision
The Court allowed the petition and directed the Municipal Corporation to appoint the petitioner to the post of clerk reserved for persons with hearing impairment within four weeks.
Law Points
- Reservation for persons with disabilities
- Medical fitness for disabled candidates
- Interpretation of disability percentage
- Duty of employer to accommodate disabled persons
