Case Note & Summary
The Petitioner, Asha Dhondiram Shinde, a person with 75% permanent blindness, applied for the post of Assistant in Indian Railways under advertisement No. RRC-01/2019 -- She passed the examination but was rejected on the ground that her Uttama course was not recognized as equivalent to matriculation -- The Petitioner challenged this rejection, arguing that a State Government Resolution dated 28th February 2007 recognized the Uttama course as equivalent to SSC, and that as a disabled person, she was entitled to reasonable accommodation under the Rights of Persons with Disabilities Act, 2016 (RPwD Act) -- The High Court, relying on Supreme Court precedents, held that the principle of reasonable accommodation is integral to substantive equality under Articles 14 and 21 of the Constitution -- The Court found the rejection unjustified and directed the Respondents to consider the Petitioner's candidature, emphasizing the duty to provide reasonable accommodation as an ex nunc duty and part of Corporate Social Responsibility
Headnote
The High Court of Judicature at Bombay, in its Ordinary Original Civil Jurisdiction, heard a Writ Petition filed by Petitioner, a blind person with 75% permanent blindness, challenging the rejection of her candidature for the post of Assistant pursuant to advertisement No. RRC-01/2019 by the Union of India and other Respondents -- The Petitioner had passed the Uttama course, which was recognized as equivalent to SSC by a State Government Resolution dated 28th February 2007 -- The Court considered the provisions of the Rights of Persons with Disabilities Act, 2016 (RPwD Act) and the principle of reasonable accommodation, citing Supreme Court judgments in Sujata Bora vs. Coal India Limited & Ors., Omkar Ramchandra Gond vs. The Union of India, Om Rathod vs. Director General of Health Services, and Ch. Joseph vs. Telangana SRTC -- The Court held that the rejection was unjustified and directed the Respondents to consider the Petitioner's candidature, applying the principle of reasonable accommodation under the RPwD Act
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Issue of Consideration: The Issue of whether the rejection of the Petitioner's candidature for the post of Assistant in Indian Railways, based on non-recognition of her Uttama course as equivalent to matriculation, was valid, and whether reasonable accommodation should be afforded under the RPwD Act
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Final Decision
The High Court held that the rejection was unjustified and directed the Respondents to consider the Petitioner's candidature for the post of Assistant, applying the principle of reasonable accommodation under the RPwD Act
