Percentage Of Disability Less Than The Benchmark Level Would Not Render Meritorious Disabled Candidate Unfit For Job: Rajasthan High Court
3 months, 3 weeks ago

Percentage Of Disability Less Than The Benchmark Level Would Not Render Meritorious Disabled Candidate Unfit For Job: Rajasthan High Court

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The Jodhpur bench of the Rajasthan High Court imposed cost of Rs. The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman held that once a post was declared to be suitable for a particular kind of disability, a candidate suffering from such disability could not be declared medically unfit, if otherwise, s/he was meritorious, just because s/he was disentitled for claiming reservation since their percentage of disability was lesser than the benchmarked percentage for claiming reservation. 1-writ petitioner would have suffered from higher degree of disability, i.e., 40%, he would have been considered for appointment against the posts reserved for physically handicapped candidates. Though, below benchmark disability may disentitle a candidate for being considered against the posts reserved for physically handicapped candidates, once the post is identified for a particular kind of disability, there is no question of treating such candidate medically unfit. The appellant ONGC argued that when the respondent candidate in his application form offered his candidature for appointment to the post of Materials Management Officer, he did not claim benefit of reservation as physically handicapped candidate as his disability was not up to the benchmark disability to entitle him to claim consideration against the posts reserved for physically handicapped category.

History of this topic

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