Those with disability who can do the work can't be rejected: HC

Time of India

2 days ago

Madurai: Any person with minor deformities that don't significantly impact their ability to perform the duties of the post has to be considered for selection, observed Madras high court on Tuesday while quashing an order by the review medical board which rejected a person's candidature to the post of constable in Central Armed Police Forces.
The board had rejected his candidature on the ground that he had polydactyly on left thumb.
"If a person with disability of any kind is capable of performing the same duty as performed by a normal person, then his case is also to be considered as that of the person, who is normal in the strict sense," said Justice Vivek Kumar Singh. The court was hearing the petition filed by R Balamurugan, an undergraduate degree holder. He had applied for the post of constable in various Central Armed Police Forces such as BSF, CISF and CRPF.
He cleared the computer-based examination, participated in certificate verification, physical standard test, and physical efficiency test. Thereafter, he was rejected in medical examination on the ground of polydactyly on left hand. In Oct 2024, he was rejected by review medical board, which he subsequently challenged through the present petition.
The petitioner's counsel submitted that there is no extra digit on the radial side of the petitioner's hand, but his left hand thumb is only unsized, which cannot be categorized as polydactyly.
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He said clause 7 of the home ministry's revised guidelines gives discretion to the medical examination board to accept the candidature in case of minor acceptable defects which will not in any way affect the efficiency of the candidate.
Justice Vivek Kumar Singh said it would be appropriate to direct govt bodies and authorities, who formulate laws and rules regarding medical examination, to bear in mind that instead of going to the technicality of the medical disability, they should rather see it on humanitarian approach.
"Considering this aspect, if he or she is able to perform the duty as performed by other normal persons, their name for employment making him medically unfit would not be rejected on this sole ground," he said.
"In our country, disability should not be a barrier to secure govt jobs, as the law mandates non-discrimination and reasonable accommodations for persons with disabilities as per the Rights of Persons with Disabilities Act, 2016," the court said. Various high courts have rendered the decisions in favour of petitioners whose cases are identical as that of the petitioner. Hence, the judge quashed the review medical examination report and directed the authorities to review/re-conduct medical examination for the petitioner.