Case Note & Summary
The petitioner, Sunil Raosaheb Narke, a diploma holder in mechanical engineering with 40% disability due to polio, applied for a job with Air India but was denied employment solely on the ground of his physical handicap. The denial occurred before the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 came into force. The petitioner filed a writ petition under Article 226 of the Constitution seeking a direction to Air India to provide him employment. The court examined the constitutional right to equality under Articles 14 and 16 and the provisions of the Disabilities Act, particularly Section 47 which prohibits discrimination in employment. The court held that the denial of employment based on disability alone, without considering the petitioner's ability to perform the job, was unconstitutional. The court also held that the Disabilities Act, though enacted after the denial, applied to the pending proceedings and directed Air India to consider the petitioner for a suitable post in accordance with the Act. The court emphasized that the Act aims to ensure equal opportunities and full participation of persons with disabilities in society.
Headnote
A) Constitutional Law - Right to Equality - Article 14, 16 - Discrimination on Ground of Disability - The petitioner, a diploma holder in mechanical engineering with 40% disability due to polio, was denied employment by Air India solely on ground of physical handicap before the Persons with Disabilities Act, 1995 came into force. The court held that the denial violated Articles 14 and 16 of the Constitution as the disability did not affect his ability to perform the job duties. (Paras 1-10) B) Disability Law - Persons with Disabilities Act, 1995 - Section 47 - Non-discrimination in Employment - The court interpreted Section 47 of the Act to apply retrospectively to cases where employment was denied before the Act but the petition was pending after the Act came into force. The court directed Air India to consider the petitioner for a suitable post in accordance with the Act. (Paras 11-20) C) Disability Law - Definition of Disability - Section 2(i) - 40% Disability - The petitioner's disability of 40% was certified by a government institution, qualifying him as a person with disability under the Act. The court noted that the Act aims to provide equal opportunities and protection of rights to persons with disabilities. (Paras 2-5)
Issue of Consideration
Whether a person with 40% disability who was denied employment before the Persons with Disabilities Act, 1995 came into force is entitled to be considered for employment after the Act came into force, and whether Air India is bound to provide employment to such person.
Final Decision
The court allowed the writ petition and directed Air India to consider the petitioner for a suitable post in accordance with the Persons with Disabilities Act, 1995.
Law Points
- Persons with Disabilities (Equal Opportunities
- Protection of Rights and Full Participation) Act
- 1995
- Section 47
- Section 2(i)
- Section 2(t)
- Section 33
- Article 14
- Article 16
- Article 21
- Article 226 of Constitution of India
