Candidate Turns 100% Blind After Submitting Application: Rajasthan HC Permits Him To Change Category, Avail PwD Quota; Calls It 'Act Of God'

Rajasthan High Court allowed writ petition filed by a candidate for the post of a teacher for changing his category from “unreserved” to “physically handicapped” when his blindness transformed from 40% to 100% in between submission of application and publication of result. Opining it to be an instance of Vis Major, the bench of Justice Anoop Kumar Dhand ruled that the principle of reasonable accommodation as defined under the Right of Persons with Disabilities Act, 2016 should not be understood narrowly to mean only providing assisting devices but be given a broad interpretation to further the Act's objective of ensuring full and effective participation of people with disabilities. “If the mandate of the law is to ensure a full and effective participation of PwDs in the society and if the whole idea was to exclude conditions that prevent their full and effective participation as equal members of society, a broad interpretation of the concept of 'Reasonable Accommodation' which will further the objective of the RPwD Act and Article 41 of the Directive Principles of State Policy, is mandated.” At the time of filing the application for the post, the petitioner did not have more than 40% blindness due to which he submitted the application under the “unreserved” category. Flexibility in answering individual needs and requirements is essential to reasonable accommodation…Going beyond the needs of the class, the specific requirement of individuals who belong to the class must also be accommodated.” The Court opined that the principle implied that the State must take necessary actions to ensure full participation of persons with disabilities in examinations and other processes, including allowing change of category, if needed.