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Month: October 2018

Supreme Court on Reservation and Accessibility in Educational Institutions

Posted in Case Review, Disability Support, and Employement

In an important Judgment, the Supreme Court mandated implementation of the Rights of Persons with Disabilities Act, 2016, with respect to admission to, and accessibility in, educational institutions of the Government and aided by the Government. The entire judgment is reproduced hereunder. The judgment mandates at least five (5) percent seats in educational institutions and requires the institutions to report the implementation of the said reservation. Furthermore, the judgment outlines the accessibility requirements of persons…

Applicability of Disabilities Act to Private Companies and Establishments

Posted in Case Review, Disability Support, and Employement

In a case involving termination of an employee owing to disability by a private company, the Supreme Court held that the 1995 Act does not apply to private companies and establishments. It only casts responsibilities on, and provides rights against the Government and Government companies. Though this judgment is not completely relevant after the enactment of the Rights of Persons with Disabilities Act, 2016, the judgment will be useful for interpreting the meaning of Establishment…

Constituting Specific Process for Assessing Disability for Job Reservation is Valid

Posted in Case Review, Disability Support, and Employement

In a 2016 case, the Supreme Court was asked to answer if a hiring board can constitute its own process for assessing disability of persons for providing reservations as mandated under the applicable statute, and whether the High Court can interfere in the process. The Supreme Court held that the Orissa High Court cannot interfere in the process, and that the hiring authority may constitute its own board of experts to assess disability status and…

Terminating Employment on Acquiring Blindness is Illegal

Posted in Case Review, Disability Support, and Employement

The Electricity Board of Punjab and Harayana State terminated employment of line man, who acquired blindness while he was in service. On appeal to the Supreme Court, the Court held that the termination is illegal and directed the Electricity Board to reinstate him and provide all employment benefits until superannuation. Most of the judgment is provided hereunder with minor edits. Case Title: Appellants: Bhagwan Dass and Ors. Vs. Respondent: Punjab State Electricity Board, MANU/SC/0381/2008. Facts…

Submission of Disability Certificate for Reservation is Mandatory

Posted in Disability Support, Education, and Employement

In this 2011 decision, the Supreme Court stated that not submitting the disability certificate as per the advertisement while applying for reservation in a position with the Assam Public Service Commission will be fatal to the claim of reservation. A candidate, who scored more marks than another person with disabilities was denied a job because he did not submit his disability certificate as required by the advertisement of the Assam Public Service Commission. The Supreme…