W.P. (C) 5948/2019
Petitioner was candidate with Bipolar Affective Disorder (BAPD), applied for DJS Examination 2018 under the PwD category. Two seats were reserved under that category. The candidate cleared preliminary and mains exams. He submitted certificate from AIIMS of 45% disability, which was valid for 5 years, after which he was likely to get better. Registrar General, Delhi High Court refused to select the petitioner stating that the disability was not permanent as per the Disability Certificate.
Court observed that there was no basis to assume that the disability would ever fall below 40% and the petitioner's condition is likely to improve. He is permanently disabled and cannot be denied reservation on an assumed basis. Mere chance of remission of a mental disability does not render it a temporary disability. The respondent is not to discriminate against any person with disability in a matter relating to employment.
The petitioner challenge succeeded and the court directed respondent to declare the petitioner as selected to the Delhi Judicial Services without any further delay.
Clause 45.2 of the General Conditions of Contract, Orissa Sales Tax Act, 1947
Section 10(1)(d) of industrial Disputes Acts, 1947