Case Note & Summary
The petitioners, the District Selection Committee and Chief Executive Officer of Zilla Parishad, Akola, challenged an order dated 17.11.2017 passed by the Commissioner for Persons with Disabilities, Maharashtra State, directing them to appoint respondent No.1, Ku. Sangita Trambakrao Puri, to the post of Nursing Officer (female). The respondent No.1 had applied pursuant to an advertisement dated 22.8.2014 that reserved six posts for disabled persons with 'one leg' disability. She submitted a disability certificate stating she suffered from 'KyphoScoliotic Deformity DSpine' with 58% permanent disability. She cleared the written examination and was called for document verification, but the petitioners issued a letter on 25.2.2016 stating she was not eligible because her disability did not match the advertised category. The respondent No.1 approached the Commissioner, who directed her appointment. The High Court upheld the Commissioner's order, holding that the disability certificate was sufficient to claim reservation for 'one leg' disability as the condition was a locomotor disability affecting the leg. The court emphasized that the employer cannot reject a candidate based on a hyper-technical interpretation of the disability category when the certificate indicates a permanent disability. The writ petition was dismissed.
Headnote
A) Disability Law - Reservation for Disabled Persons - Interpretation of Disability Certificate - The issue was whether a candidate with a spine deformity (KyphoScoliotic Deformity) could claim reservation for 'one leg' disability under the Persons with Disabilities Act, 1995. The court held that the disability certificate, which indicated a permanent and non-progressive condition affecting the spine, was sufficient to claim the benefit of reservation for 'one leg' disability, as the condition was a locomotor disability that affected the leg. The employer's rejection was set aside. (Paras 4-10) B) Administrative Law - Appointment - Compliance with Disability Certificate - The court held that the employer cannot go behind the disability certificate issued by the competent medical authority. The certificate must be accepted as conclusive proof of the nature and extent of disability for the purpose of reservation. (Paras 8-10)
Issue of Consideration
Whether the respondent No.1, who had a disability certificate for KyphoScoliotic Deformity of the spine, could be denied appointment to the post of Nursing Officer (female) reserved for persons with 'one leg' disability under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Commissioner for Persons with Disabilities directing the petitioners to appoint respondent No.1 to the post of Nursing Officer (female).
Law Points
- Disability certificate specifying spine deformity (KyphoScoliotic Deformity) is sufficient to claim reservation for 'one leg' disability under the Persons with Disabilities Act
- 1995
- even if not explicitly mentioned as 'one leg'
- the employer cannot reject a candidate on the ground that the disability does not match the advertised category if the certificate indicates a locomotor disability affecting the leg.
