Court finds denial of nativity certificate and rejection of candidature on medical grounds arbitrary; orders Union Territory of Puducherry to reconsider application.
In a landmark judgment, the Madras High Court has directed the Union Territory of Puducherry to issue a nativity certificate to E. Hariharan, a physically challenged individual, who was previously denied the certificate due to a temporary relocation outside Puducherry. The Division Bench, comprising Chief Justice Mr. Manindra Mohan Shrivastava and Justice G. Arul Murugan, ruled that the denial was arbitrary and in violation of a government order permitting issuance based on birth and intent to return.
The court also addressed the rejection of Hariharan's candidature for the post of Junior Engineer (Electrical) on medical grounds. It found the Medical Board’s assessment mechanical and lacking consideration of Hariharan’s educational and professional capabilities. The court ordered a fresh medical examination by a newly constituted board, including a neurologist and a departmental officer familiar with the duties of a Junior Engineer.
Hariharan, who has a documented 40% locomotor disability, had temporarily moved to stay with relatives following his mother's death during the COVID-19 pandemic. Despite this, he maintained his educational pursuits in Puducherry and holds numerous government-issued identity documents confirming his nativity.
The court emphasized the need for public officials to be sensitized to the rights of persons with disabilities, mandating the Chief Secretary of Puducherry to prepare a Standard Operating Procedure to ensure non-discrimination and equal treatment. Hariharan is entitled to appointment upon clearing the medical examination, and the court awarded him Rs. 50,000 in costs.
The judgment reinforces the principles of equality and reasonable accommodation under the Rights of Persons with Disabilities Act, 2016, highlighting the necessity for sensitivity and fairness in dealing with such cases.
Bottom Line:
Denial of nativity certificate and rejection of candidature on medical grounds for a Junior Engineer post challenged successfully; directions issued for fresh medical examination and issuance of nativity certificate.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016, Section 20
E.Hariharan v. Union of India, (Madras)(DB) : Law Finder Doc id # 2862448
