Persons With Higher Disability To Be Preferred In Public Employment: MP High Court Quashes Recruitment Process For Violating RPwD Act
Live LawThe Madhya Pradesh High Court has recently quashed a 2024 In doing so, the Court opined that a person with higher percentage of disability must be given preference in recruitment process with the condition that it does not come in the way of discharging duties attached to the post. Referring to Karnataka High Court's judgement in State of Karnataka and others Vs. Ms. Latha H N, Justice Subodh Abhyankar observed, “Thus, taking a clue from the aforesaid decision which has succinctly dealt with the prevalent practice relating to the appointments of disabled, it is found that in the case at hand, it is not the case of the respondents that the persons with higher disability would not be able to perform the job as is required for the post advertised. 4, 5 and 6, who also claimed to be disabled, have been selected for Class IV posts pursuant to the The counsel for the petitioner submitted that while appointing the three private respondents who are also disabled to some degree, the respondents have totally ignored the circular of July 2018 which provides that disabled persons suffering from higher disability shall be given preference in public employment. Findings The Court perused the July 2018 circular which provided that those disabled persons suffering from higher disability shall be given the preference in public employment. With respect to the 2024 “…the reply filed by the State is also absolutely silent about the compliance of the circular dated 03.07.2018, and although the respondents have relied upon the The Court noted that respondents had also relied upon the July 2024 With regard to this aspect, the Court referred to the case of Ms. Latha HN which said, “For the purpose of preferential treatment, as between the candidates of 'low vision' and the candidates of 'absolute blindness', the priority avails to the later since they are more disadvantageously placed qua the former subject to the condition that the blindness does not come in the way of discharging duties attached to the post.” Thus, the Court said that it is not the case of the respondents that the persons with higher disability would not be able to perform the job as is required for the post advertised.
History of this topic
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The Hindu![Can State Specify Percentage Of Disability For Reservation In Recruitment? Madras HC Asks [Read Order]](https://www.livelaw.in/cms/wp-content/uploads/2015/11/Madras-High-Court-LL-Size-min.jpg)
Can State Specify Percentage Of Disability For Reservation In Recruitment? Madras HC Asks [Read Order]
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