RPWD Act : Blindness does not ipso facto disqualify a candidate from appointment;
A visually impaired candidate aspired for the position of Junior Executive (Law). Delhi High Ensures Inclusive Assessment of Functional Suitability, Rejects Medical-Based Exclusions
In a landmark decision, the Delhi High Court has reinforced the rights of visually impaired individuals seeking employment, particularly emphasizing the principles enshrined in the Rights of Persons with Disabilities Act, 2016 (RPWD Act). The Division Bench, comprising Justices C. Hari Shankar and Ajay Digpaul, delivered a judgment that could redefine employment opportunities for persons with benchmark disabilities.
The case involved Mudit Gupta, a visually impaired candidate who aspired for the position of Junior Executive (Law) at the Airports Authority of India (AAI). Despite qualifying through the Computer Based Test, Gupta's candidature was withheld due to failing to meet the functional requirement of "seeing," as assessed through a medical examination. The court was tasked with deciding whether such a criterion was valid under the RPWD Act.
The court ruled that while functional requirements for posts could be stipulated, they must be determined during the identification process by the statutory committee as per Section 33 of the RPWD Act. Importantly, the court emphasized that assessment of functional suitability should not be based solely on medical evaluations, but must adhere to the principle of reasonable accommodation.
The judgment criticized the reliance on medical assessments for evaluating suitability, highlighting that functional requirements should be interpreted in the context of reasonable accommodation. The court underscored that blindness or low vision should not inherently disqualify a candidate if they can perform the job with appropriate aids and assistive devices.
The decision mandates that the AAI reassess the suitability of Gupta and other similarly situated candidates without resorting to medical examinations. The court clarified that the aim should be inclusivity, ensuring that candidates are provided an enabling environment during the assessment process.
This ruling reaffirms the rights of persons with disabilities and sets a precedent for how functional suitability should be determined, focusing on the capabilities of candidates rather than their disabilities. It aligns with India's commitment to inclusive equality and reflects the evolving disability jurisprudence in the country.
The judgment has been hailed by disability rights advocates as a significant step towards ensuring equal employment opportunities for persons with disabilities, emphasizing the need for systemic changes in the recruitment processes of public sector undertakings and other government bodies.
Bottom Line:
Stipulation of functional requirements for posts identified under Section 33 of the RPWD Act is permissible, provided such stipulations are made during the identification process by the statutory committee. Assessment of candidates for suitability to posts identified for persons with disabilities must adhere to the principle of reasonable accommodation and avoid clinical or medical-based exclusion.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016 Sections 33, 34, Note 8 of DEPWD Notification dated 4 January 2021
Mudit Gupta v. Airport Authority of India, (Delhi)(DB) : Law Finder Doc Id # 2795572
