Topic
The Rights of Persons with Disabilities Act, 2016, establishes legal rights and reservations in public employment and education for persons with specified disabilities in India, including mental illness and learning disabilities.
The Delhi HC set aside the Special Court’s dismissal of a disability harassment complaint, holding that ignoring post-RPwD Act allegations made the order unsustainable. It remanded the case for a fresh review under Sections 92 and 84 of the RPwD Act, 2016.
The Calcutta High Court set aside HPCL’s withdrawal of LOI and forfeiture of ₹20,000 deposit, holding it violated RPWD Act 2016’s reasonable accommodation and directing reconsideration of petitioner request to substitute a disabled applicant in 8 weeks.
Tripura High Court rules that reservation for Persons with Disabilities under the RPwD Act is horizontal and must be applied post merit-based selection, not by pre-allocating posts within SC/ST/UR quotas. The court mandates interlocking adjustment only after preparing selection lists on merit, ensuring fairness in public employment for PWDs.
The Delhi High Court holds that requiring physically present IHBAS medical evaluations for severely incapacitated patients violates the RPWD Act’s mandate of reasonable accommodation. Private treating doctors’ reports must be accepted as legally sufficient, ensuring dignity and access to justice for those with irreversible cognitive and physical disabilities.
Calcutta High Court rules that a valid disability certificate issued under the Rights of Persons with Disabilities Act, 2016, cannot be disregarded by a general medical fitness assessment for government jobs. The court emphasized that appointment cannot be denied based on perceived disability percentage if a statutory certificate exists, reinforcing the primacy of statutory certification in public employment.
Supreme Court rules that the 2021 DEPwD notification explicitly includes mental illness and specific learning disability under the RPwD Act's reservation for Group C Auditor posts, invalidating administrative exclusions. The judgment mandates appointment or creation of supernumerary posts if vacancies are filled, reinforcing disability rights in public employment.
Madras High Court holds that denying promotion to a disabled employee solely on physical standards violates Section 20(3) of RPwD Act, 2016 and Article 14 of the Constitution.
CAT holds that a valid benchmark disability certificate with limited validity cannot be rejected for direct recruitment under RPwD Act, 2016. Key precedent for PwBD candidates.