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by Admin
07 May 2024 2:49 AM
In a landmark decision, the Bombay High Court today set aside the rejection of a 100% visually impaired candidate’s application for the post of Assistant by the Railway Recruitment Cell, emphasizing the need for reasonable accommodation and sensitivity towards persons with disabilities.
Legal Point of the Judgement: The heart of the judgement was the Court’s interpretation of the Rights of Persons with Disabilities Act, 2016, and its mandate for reasonable accommodation and affirmative action for persons with disabilities. The Court highlighted the importance of treating individuals with disabilities with sensitivity and flexibility.
Facts and Issues: The petitioner, Mrs. Shanta Digambar Sonawane, a 100% visually impaired candidate, had her application for the post of Assistant rejected due to an inadvertent error in her date of birth entry. The error occurred due to her reliance on assistance at an Internet café. Despite passing the examination and subsequent stages, her candidature was rejected because she did not correct the date of birth before the cut-off date.
Court Assessment:Error Due to Visual Impairment: The Court recognized the specific challenges faced by the petitioner due to her visual impairment, noting that minor mistakes should not lead to disproportionate consequences like the loss of job opportunities.
Principle of Reasonable Accommodation: The Court elaborated on this principle under the Rights of Persons with Disabilities Act, 2016, stating that it requires proactive support and facilities for persons with disabilities, going beyond merely prohibiting discrimination.
Rigid Stand of Respondents: The Court found the Railway Recruitment Cell’s inflexible adherence to procedural norms, in this case, to be unduly oppressive and against the spirit of the Act of 2016. The Court emphasized that the legislation for the disabled should be applied in spirit by all authorities.
Role of Judicial Intervention: The Court intervened to correct what it saw as a failure of justice, setting aside the rejection of the petitioner’s candidature.
Decision: The Bombay High Court directed the Railway Recruitment Cell to process the petitioner’s application for the post of Assistant in light of the observations made, thereby ensuring the enforcement of disability rights and justice.
Date of Decision: February 27, 2024
Mrs. Shanta Digambar Sonawane Vs Union of India & Others
