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Constitutional law

SUJATA BORA versus COAL INDIA LIMITED & ORS.

The appellant was wrongly denied employment under the 2019 notification; AIIMS medical board found 57% disability (above benchmark 40%), rendering her eligible for appointment in the reserved quota; the Division Bench erred in setting aside the Single Judge's order on the ground of panel expiry; the Court directed creation of a supernumerary post and directed Coal India Limited to provide a suitable position and reasonable accommodations (desk job with separate computer and keyboard as per universal design) and to post the appellant at North Eastern Coalfields, Margherita, Tinsukia, Assam, ex…

Source excerpt

  • Reasonable accommodation
  • Multiple disability
  • Benchmark disability
  • Intersectionality of disability and gender
  • Corporate social responsibility (csr)
  • Recruitment and medical examination
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Service law

CH. JOSEPH versus THE TELANGANA STATE ROAD TRANSPORT CORPORATION & OTHER

The appellant was prematurely retired for colour blindness without any demonstrable, documented effort by the corporation to identify or assess suitable alternative non-driving employment as required by the binding Clause 14 of the 17.12.1979 Memorandum of Settlement and by the duty of reasonable accommodation; the 1986 MOS and internal circulars do not expressly supersede or abrogate Clause 14, and therefore the retirement order is void for failure to consider redeployment; accordingly the appellant must be appointed to a suitable post on the same pay grade and be granted specified arrears a…

Source excerpt

  • Retirement on medical grounds
  • Colour blindness
  • Alternate employment
  • Binding industrial settlement (mos)
  • Reasonable accommodation
  • Section 47 (pwd act)
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Constitutional law

KABIR PAHARIA versus NATIONAL MEDICAL COMMISSION AND OTHERS

The denial of admission was arbitrary and violative of Articles 14 and 16 because the appellant, a qualified SC PwBD candidate, demonstrably met the functional requirements with reasonable adaptation; therefore he must be admitted to MBBS UG 2025 at AIIMS New Delhi under the Scheduled Castes PwBD quota and the NMC must revise guidelines to ensure individualised, evidence-based assessments and reasonable accommodations.

Source excerpt

  • Admission
  • Mbbs ug course
  • Person with benchmark disabilities (pwbd)
  • Reasonable accommodation
  • Neet (ug) admissions
  • Articles 14 and 16 of the constitution
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Disability law

KASHMIRI LAL SHARMA versus HIMACHAL PRADESH STATE ELECTRICITY BOARD LTD. & ANR.

The OM dated 29.03.2013 could not lawfully be confined to only the visually impaired; its benefit should have been available to persons suffering from all benchmark disabilities specified in the 1995 and 2016 Acts (per Bhupinder Singh). However, because there was no amendment of service rules or statute and no judicial order vesting the appellant with the benefit prior to rescission, the State was competent under Section 212 of the General Clauses Act to withdraw the OM by the OM dated 04.11.2019. Consequently the appellant was entitled to continuance and wages only for the period during whic…

Source excerpt

  • Retirement age
  • Extension of service
  • Non-discrimination/article 14
  • Withdrawal of office memorandum
  • Article 311(2) termination
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Child and family welfare

SHARMILA VELAMUR versus V. SANJAY AND ORS.

The expert evaluations (NIMHANS Comprehensive Assessment Report and the Idaho Evaluation Committee) establish that Aadith functions at the cognitive level of an approximately 8–10-year-old and lacks capacity to make well-informed, independent decisions on complex matters such as long-term residence; the Madras High Court erred in deciding alleged illegal detention based solely on a brief oral interaction. Applying the parens patriae doctrine and considering Aadith's best interests (including his established roots, education, services and sibling relationship in the US), the Court set aside th…

Source excerpt

  • Capacity to make decisions
  • Best interests of the child
  • Parens patriae
  • Credence to expert reports
  • Foreign guardianship orders
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Disability law

ANMOL versus UNION OF INDIA & ORS.

Appendix H-1 to the NMC Graduate Medical Education Regulations of 13.05.2019 cannot be interpreted to disqualify a candidate solely on the basis of quantified disability; Disability Assessment Boards must perform individual functional competency assessments, record reasons when denying eligibility, and consider reasonable accommodation and assistive technologies on a case-by-case basis; courts can ensure Boards follow these legal requirements and may direct independent expert assessment where necessary; accordingly, the appellant who was found functionally competent by an expert report is ent…

Source excerpt

  • Reasonable accommodation
  • Disability assessment boards
  • Medical education admissions
  • Nmc guidelines
  • Functional assessment
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Constitutional law

GULSHAN KUMAR versus INSTITUTE OF BANKING PERSONNEL SELECTION & ORS.

The Court held that benefits and facilities provided to Persons with Benchmark Disabilities (PwBD) in examinations must be extended to all Persons with Disabilities (PwD) for writing examinations; the Office Memorandum dated 10.08.2022 must be revisited to remove restrictive provisions, to incorporate reasonable accommodation, and Respondent No.5 (Department of Empowerment of Persons with Disabilities) was directed to re-notify revised uniform guidelines and ensure their implementation within two months.

Source excerpt

  • Reasonable accommodation
  • Persons with benchmark disabilities (pwbd) vs persons with disabilities (pwd)
  • Scribe and compensatory time in examinations
  • Non-discrimination in examinations
  • Guidelines and implementation
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Disability law

RAJIVE RATURI versus UNION OF INDIA & ORS.

Rule 15(1) of the RPWD Rules, in its current form, prescribes expansive recommendatory guidelines under the guise of mandatory rules and is therefore ultra vires the RPWD Act; the Central Government must within three months delineate a non-negotiable baseline of mandatory accessibility rules pursuant to Section 40, and thereafter consequences under Sections 44,45,46 and 89 must be enforced for non-compliance, while progressive implementation of the broader guidelines continues.

Source excerpt

  • Accessibility
  • Reasonable accommodation
  • Universal design
  • Delegated legislation
  • Rule 15(1) ultra vires
  • Accessible india campaign
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Constitutional law

OM RATHOD versus THE DIRECTOR GENERAL OF HEALTH SERVICES & ORS.

The AIIMS, Nagpur report dated 13.08.2024 and the High Court judgment were set aside because the Assessment Board failed to apply the statutory and regulatory standards (functional competency model and reasonable accommodation) mandated by the RPWD Act and Appendix H-1; a proper functional assessment (as conducted with assistive devices) can establish eligibility even where quantified disability exceeds 80%, and appropriate remedial orders (including creating a supernumerary seat and directing fresh guidelines by the National Medical Council) follow.

Source excerpt

  • Rights of persons with disabilities act, 2016
  • Reasonable accommodation
  • Functional competency test
  • Disability assessment boards
  • Neet ug admission
  • Access to medical education
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Service law

MOHAMED IBRAHIM versus THE CHAIRMAN & MANAGING DIRECTOR & ORS.

TANGEDCO's cancellation of the appellant's appointment was unsustainable because it had not prescribed colour vision norms and failed to apply the statutory principle of reasonable accommodation; the appellant, found to have mild colour vision deficiency and otherwise qualified, must be appointed and continued as Assistant Engineer (Electrical) from the original appointment date, be accommodated in a suitable department where his duties avoid uncompensated colour-critical tasks, and be paid 50% of full arrears with service continuity.

Source excerpt

  • Reasonable accommodation
  • Colour vision deficiency
  • Employment discrimination
  • Fitness for post
  • Medical examination
  • Rights of persons with disabilities act, 2016
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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