Court Upholds Rights of Persons with Disabilities, Orders State to Ensure Compliance with RPWD Act
The Punjab and Haryana High Court, in a landmark judgment, has directed the state government to ensure the implementation of relaxations in selection criteria for persons with disabilities. This decision comes in response to multiple writ petitions challenging the lack of reserved posts and accommodations for disabled candidates in recruitment processes.
The court, presided over by Justice Harpreet Singh Brar, emphasized that such relaxations are not mere concessions but constitutional obligations to achieve substantive equality. The court found that denying reasonable accommodations to persons with disabilities violates Articles 14 and 16 of the Constitution, which guarantee equality and non-discrimination.
The judgment addressed three writ petitions filed by Sohan Singh, Devender Aggarwal, and Naveen Kumar, who challenged the Haryana State Pollution Control Board's recruitment process. The board had failed to reserve posts for disabled candidates and did not provide any relaxation in selection criteria, which the court deemed a violation of the Rights of Persons with Disabilities Act, 2016 (RPWD Act).
Justice Brar highlighted that the RPWD Act mandates the state to create opportunities for disabled individuals by modifying selection standards to ensure they are not disadvantaged. The court criticized the mechanical application of equal standards to unequals, which undermines substantive equality.
The court ordered the Chief Secretary of Haryana to form a committee to determine the extent of relaxation in selection criteria for disabled candidates. This committee is required to finalize its recommendations within four weeks, and the state must implement these relaxed norms in all future recruitment processes.
Additionally, the court directed the Chief Secretaries of Punjab, Haryana, and Chandigarh to formulate clear instructions on granting relaxations in selection criteria to fulfill the RPWD Act's mandate.
This judgment is a significant step towards ensuring that disabled individuals receive the accommodations necessary to compete on an equal footing with their able-bodied counterparts, promoting their integration into the workforce and society at large.
Bottom Line:
Rights of Persons with Disabilities - Relaxation in selection criteria for persons with disabilities does not violate Articles 14 and 16 of the Constitution. Such relaxation ensures substantive equality, removing barriers and disadvantages faced by them, in line with the constitutional and statutory obligations under the RPWD Act.
Statutory provision(s):
- Rights of Persons with Disabilities Act, 2016, Sections 2(y), 3(5), 34
- Constitution of India, Articles 14, 16, 21
Sohan v. State of Haryana, (Punjab And Haryana) : Law Finder Doc id # 2860726
