Persons With Disabilities Should Not Be Deprived From Public Employment Despite Being Eligible & Meritorious On Hyper-Technical Grounds: Rajasthan HC
6 months, 2 weeks ago

Persons With Disabilities Should Not Be Deprived From Public Employment Despite Being Eligible & Meritorious On Hyper-Technical Grounds: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that the intention behind enacting the Persons with Disabilities Act, 1995, and the Rights of Persons with Disabilities Act, 2016 was to ensure full participation of people with disabilities in public employment and all-round efforts were needed to ensure that no opportunity was left for their integration into the mainstream society. All-round efforts are required to be made to ensure that no opportunity is left out for integration of persons with special abilities into the social main stream to achieve the ultimate object of enacting aforementioned special legislations viz., all persons with special abilities shall get a dignified life full of equal opportunities without any discrimination.” The Court was hearing a bunch of appeals filed by the Department of Medical and Health Services, Rajasthan against an order of a single judge of the Court. The Court made two main issues in the matter: Whether the State was justified in conducting fresh medical examination despite candidates possessing certified disability certificate After perusing the relevant provisions in the Acts and the The act of subjecting respondents to further examination for ascertaining disability in other body parts was violative of the object of the 1995 Act and 2016 Act. Thus, if the action of the appellant-State in denying appointment to the respondents despite their percentage of disability of 40% or more being approved, based on the findings given by the Medical Board constituted with reference to Note-1 appended to Clause 3 and Clause of Para No.13 of the Whether the State was justified in denying the employment based on minor deformity in the other leg or any other part of the body over and above the 40% or more disability in one leg The Court opined that if a person was suffering from disability to a certain extent in another leg or body part, it could not be said to mean that the candidate was not fit to perform his/her duty.

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History of this topic

Separate Cut-Off Mandatory For Persons With Disabilities Category In Judicial Service Selections : Supreme Court
2 weeks, 5 days ago

Separate Cut-Off Mandatory For Persons With Disabilities Category In Judicial Service Selections : Supreme Court

Live Law  

In its landmark judgment concerning appointment of visually impaired persons in judicial services, the Supreme Court directed the Rajasthan Judicial Service Examinations authorities to declare separate cut-off marks and publish separate merit list for Persons with Disabilities category at every stage of the examination and proceed with the selection process accordingly. Perusing the Rajasthan Judicial Service Rules, 2010, the Court …

RPwD Act | Hyper Rigid Approach While Dealing With Disabled Candidates Dilutes Purpose Of 'Reasonable Accommodation': Delhi High Court
3 weeks, 6 days ago

RPwD Act | Hyper Rigid Approach While Dealing With Disabled Candidates Dilutes Purpose Of 'Reasonable Accommodation': Delhi High Court

Live Law  

While hearing a plea against a decision granting exemption to an orthopaedically disabled person from typewriting test after the results were declared, the Delhi High Court observed that the approach of a court while dealing with persons with disabilities must be "qualitatively different" from one adopted for able-bodied candidates. It has to be remembered that provisions aiming at inclusion by …

Supreme Court Allows All Disabled Candidates To Take Scribe In Exams Without Meeting Benchmark Disabilities
1 month, 2 weeks ago

Supreme Court Allows All Disabled Candidates To Take Scribe In Exams Without Meeting Benchmark Disabilities

Live Law  

The Supreme Court today allowed a writ petition filed by a candidate suffering from Focal Hand Dystonia, seeking to avail the benefit of the scribe by relying on landmark Vikas Kumar v. UPSC in which it held that benchmark disability is not the precondition to obtaining a scribe. A bench of Justices J.B. Pardiwala and R. Mahadevan passed the judgment …

Supreme Court's Key Decisions On Rights Of Persons With Disability In 2024
2 months, 3 weeks ago

Supreme Court's Key Decisions On Rights Of Persons With Disability In 2024

Live Law  

The Supreme Court in 2024 made several important decisions relating to the rights of Persons with Disability. Here are the key judgements, orders and observations on Disability Rights: In a significant judgment boosting disability rights, the Supreme Court directed the Union Government to frame mandatory rules as required under Section 40 of the Rights of Persons with Disabilities Act, 2016, …

'Casual Approach': Supreme Court Summons Director General Of Health Services In Plea Of Disabled Candidate For MBBS Admission
Trending News
3 months, 1 week ago

'Casual Approach': Supreme Court Summons Director General Of Health Services In Plea Of Disabled Candidate For MBBS Admission

Live Law  

The Supreme Court today has sought the personal presence of the Director General, Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India tomorrow at 10:30 am in Court. This observation came after the Court found that the approach of the Respondents, in this case, was "casual" in a case related to the medical admission of …

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

Live Law  

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 …

Disability Assessment: A Path to Inclusion and Justice
4 months, 3 weeks ago

Disability Assessment: A Path to Inclusion and Justice

Hindustan Times  

The Supreme Court's recent judgment in Omkar Ramachandra Gond v. Union of India is a landmark decision that addresses the issue of disability assessment in medical admissions. The judgment sets a precedent by holding that the mere existence of a benchmark disability is not sufficient to disqualify a person from pursuing medicine. It also emphasizes that the medical board must …

Effect Of Rights Of Persons With Disability Act Can't Be Taken Away By Conditions In Prospectus Of Educational Institute: Kerala High Court
6 months ago

Effect Of Rights Of Persons With Disability Act Can't Be Taken Away By Conditions In Prospectus Of Educational Institute: Kerala High Court

Live Law  

The Kerala High Court has recently observed that the "effect" of Rights of Persons with Disabilities Act 2016 which defines a person with physical disability and their certification cannot be taken away by certain conditions imposed in the prospectus of an educational institute. The observation came in the State's appeal against an order of the single judge bench which had …

Welfare State Expected To Create Conducive Conditions For Disabled Citizens, Provide Avenues For Public Employment: Delhi High Court
2 years, 6 months ago

Welfare State Expected To Create Conducive Conditions For Disabled Citizens, Provide Avenues For Public Employment: Delhi High Court

Live Law  

The Delhi High Court has observed that a welfare State is expected to create conditions which are conducive to citizens with disabilities by providing them avenues for public employment.A division bench comprising of Justices Sanjeev Sachdeva and Tushar Rao Gedela was of the view that under the Persons with Disabilities Act,. The Delhi High Court has observed that a welfare …

Rigid Criteria, Fewer Posts Under Reservation: Why People With Disability Find it Hard to Get Jobs?
2 years, 7 months ago

Rigid Criteria, Fewer Posts Under Reservation: Why People With Disability Find it Hard to Get Jobs?

News 18  

Despite the Rights of Persons with Disabilities Act, 2016 mandating 4 per cent reservation for Persons With Disabilities in government jobs, the job sector in India barely has any representation from the PWDs community. Removing Reservation For People With Disabilities In 2021, the Center exempted all categories of posts under the Indian Police Service and Indian Railway Protection Force, including …

Mentally Disabled Persons Entitled To Have Assessment Done At Their Homes For Disability Certificate : Madras High Court
2 years, 9 months ago

Mentally Disabled Persons Entitled To Have Assessment Done At Their Homes For Disability Certificate : Madras High Court

Live Law  

In a verdict emphasizing the right to dignity of mentally disabled persons, the Madras High Court held that they are entitled to have the assessment done at their residences for the purposes of getting disability certificate under the Rights of Persons with Disabilities Act 2016.A single bench of Justice GR Swaminathan issued the direction after taking note of the hardships …

S.34 Rights Of Persons With Disabilities Act Challenged Over Exclusion Of Persons With Haemophilia: Rajasthan High Court Issues Notice
2 years, 11 months ago

S.34 Rights Of Persons With Disabilities Act Challenged Over Exclusion Of Persons With Haemophilia: Rajasthan High Court Issues Notice

Live Law  

The Rajasthan High Court has issued notice to Centre on a plea challenging the constitutionality of Section 34 of the Rights of Persons with Disabilities Act, 2016 inasmuch as it does not provide benefit of reservation to the persons with disability of Haemophilia. The petitioner also sought direction to the respondent authorities to include persons with disability of Haemophilia under …

Rajasthan High Court Asks State To Consider Representation For Inclusion Of Persons With Hearing Impairment Under PwD Act
4 years, 1 month ago

Rajasthan High Court Asks State To Consider Representation For Inclusion Of Persons With Hearing Impairment Under PwD Act

Live Law  

The Jaipur Bench of the Rajasthan High Court has dismissed a writ petition seeking a direction to the State Government to include persons with locomotive disabilities and/or hearing impairment under the Rights of Persons with Disabilities Act, 2016. In this backdrop, the Division Bench has ordered, "the State of Rajasthan shall consider amending its earlier notification and to bring it …

For equal treatment: The Hindu Editorial on the Supreme Court extending benefits to the disabled
4 years, 8 months ago

For equal treatment: The Hindu Editorial on the Supreme Court extending benefits to the disabled

The Hindu  

In holding that people suffering from disability are entitled to the same benefits and relaxations as candidates belonging to the Scheduled Castes, the Supreme Court has recognised the travails of the disabled in accessing education or employment, regardless of their social status. Recently, the top court ruled that the Delhi High Court had correctly decided in 2012 that “people suffering …

Rajasthan HC Grants 20% Concession Of Marks To Persons With Disability In Eligibility Examination for Teachers [Read Order]
5 years, 7 months ago

Rajasthan HC Grants 20% Concession Of Marks To Persons With Disability In Eligibility Examination for Teachers [Read Order]

Live Law  

Allowing various Writ Petitions filed against the State, the Rajasthan High Court granted relaxation to persons with disability to the tune of 20% marks in passing/qualifying marks in Rajasthan Eligibility Examination for Teachers. The Petitioners were aggrieved by the State of Rajasthan's policy that did not permit any relaxation to persons with disabilities in REET. The Respondent State submitted that …

Delhi HC Highlights Deficiencies In Persons With Disabilities (PWD) Act , Suggests Reforms [Read Judgment]
8 years, 4 months ago

Delhi HC Highlights Deficiencies In Persons With Disabilities (PWD) Act , Suggests Reforms [Read Judgment]

Live Law  

“Study the problems which have resulted in total exclusion and denial of persons suffering from mental illness the benefits of reservation under Section 33 of the PWD Act and also determine if the threshold of 40% under the PWD Act needs revision based on which an appropriate law could be made, or existing law amended”, said Justice Ravindra Bhat.A Division …

Rajasthan HC rejects Retired Judges’ challenge against denial of Advocates Welfare Fund benefits [Read Judgment]
8 years, 6 months ago

Rajasthan HC rejects Retired Judges’ challenge against denial of Advocates Welfare Fund benefits [Read Judgment]

Live Law  

Rajasthan High Court recently dismissed a challenge by a Society of Retired Judges, against provisions of Rajasthan Advocates’ Welfare Fund Act which denies payment of Advocates Welfare Fund to a person who gets himself enrolled or resumes as an Advocate after serving under any employer for a period of not less than fifteen years.The contention canvassed by the Retired Judges’ …

Supreme Court directs Central and State Governments to Monitor the Implementation of the Persons with Disabilities Act, 1995
9 years, 10 months ago

Supreme Court directs Central and State Governments to Monitor the Implementation of the Persons with Disabilities Act, 1995

Live Law  

The Supreme Court issued notices to the Central Government and all other State Governments directing to strictly implement and monitor the various beneficial provisions to disabled people under the Persons with Disabilities Act, 1995.The bench headed by Justice Dipak Mishra was hearing an application filed by the Justice Sunanda Bhandare Foundation which pleaded that there should be an. The Supreme …

Supreme Court directs Central and State Governments to Monitor the Implementation of the Persons with Disabilities Act, 1995
9 years, 10 months ago

Supreme Court directs Central and State Governments to Monitor the Implementation of the Persons with Disabilities Act, 1995

Live Law  

The Supreme Court issued notices to the Central Government and all other State Governments directing to strictly implement and monitor the various beneficial provisions to disabled people under the Persons with Disabilities Act, 1995.The bench headed by Justice Dipak Mishra was hearing an application filed by the Justice Sunanda Bhandare Foundation which pleaded that there should be an. The Supreme …

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