Case Note & Summary
The petitioner, Smt. Jyoti Jayesh Tayade, a person with 40% locomotor disability, applied for the post of Security Guard with the Municipal Corporation of Greater Mumbai (BMC). She was selected in the written test and interview but was denied appointment on the ground of being medically unfit due to her disability. The petitioner challenged this denial, arguing that the BMC failed to provide reasonable accommodation as required under the Rights of Persons with Disabilities Act, 2016. The court examined the provisions of the Act, particularly Section 20 which prohibits discrimination and mandates reasonable accommodation. The court held that the employer must assess whether the candidate can perform the essential functions of the job with reasonable accommodation, and a blanket rejection based on disability is illegal. The court allowed the writ petition, directing the BMC to reconsider the petitioner's candidature by providing reasonable accommodation and to appoint her if she is found fit with such accommodation. The judgment emphasizes the importance of inclusive employment practices and the duty of employers to make adjustments for persons with disabilities.
Headnote
A) Disability Law - Reasonable Accommodation - Section 20, Rights of Persons with Disabilities Act, 2016 - The petitioner, a person with 40% locomotor disability, was denied appointment as a Security Guard by the Municipal Corporation of Greater Mumbai on the ground of being medically unfit, without considering reasonable accommodation. The court held that the employer must provide reasonable accommodation and cannot deny employment solely on the basis of disability. (Paras 1-15) B) Service Law - Medical Fitness - Section 47, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - The court held that the medical examination must consider the nature of disability and the possibility of reasonable accommodation, and a blanket rejection is impermissible. (Paras 16-25) C) Constitutional Law - Right to Equality - Article 14, Constitution of India - The court held that discrimination against persons with disabilities in employment violates the right to equality and the state must ensure equal opportunity. (Paras 26-30)
Issue of Consideration
Whether the denial of appointment to a person with disability on the ground of physical unfitness, without providing reasonable accommodation, violates the Rights of Persons with Disabilities Act, 2016.
Final Decision
Writ petition allowed. The court directed the BMC to reconsider the petitioner's candidature by providing reasonable accommodation and to appoint her if found fit with such accommodation.
Law Points
- Reasonable accommodation
- Disability discrimination
- Service law
- Writ jurisdiction
- Rights of Persons with Disabilities Act
- 2016
