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Don't deny job to disabled unless it affects efficiency: Madras HC
Don't deny job to disabled unless it affects efficiency: Madras HC

New Indian Express

time7 days ago

  • Politics
  • New Indian Express

Don't deny job to disabled unless it affects efficiency: Madras HC

MADURAI: The Madurai Bench of the Madras High Court on Tuesday observed that a person should not be denied a job on the ground of disability unless the disability prevents them from discharging duties entailed with the position. Government bodies should also adopt a humanitarian approach and not go into technicalities while formulating laws for medical examination of disabilities, it added. Justice Vivek Kumar Singh made the observations while allowing a petition by R Balamurugan, whose candidature for the post of 'constable' in the Central Armed Police Forces (CAPF) was rejected last year based on a review medical report which said he has a polydactyl left thumb, which is a congenital condition in which a person has extra fingers or toes. According to the standing counsel for the Union government, Balamurugan was declared unfit only after he was subjected to X-ray and doppler scan. As per Clause 6 (27) of the Revised Uniformed Guidelines for Review Medical Examination in CAPF and Assam Rifles, polydactyly in hands or feet is a ground for rejection of candidature. In the opinion of the medical board, polydactyly can interfere with vital operational tasks such as proper weapon handling and recoil control, and duties involving grip, climb and tactical movements, the counsel argued. Admission of candidates with anatomical variations in combat roles leads to risks to personal and unit safety, and affects uniformity of training and deployment, which is considered a permanent disqualification across the armed forces to maintain high standards of combat readiness and functional integrity, the counsel added.

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

Time of India

time7 days ago

  • General
  • Time of India

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

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. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Thôn Cầu Sắt: Nhà tiền chế lắp đặt chỉ trong 1 ngày Prefabricated Homes Tìm hiểu thêm Undo 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.

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