Disability percentage can’t determine capability for public employment: Supreme Court| India News
The Supreme Court has held that the percentage of disability cannot be treated as determinative of a candidate’s capability or suitability for public employment, underlining that the State carries a positive obligation to ensure equal opportunity and provide reasonable accommodation to persons with disabilities. Disability percentage can’t determine capability for public employment: Supreme Court A bench of justices Vikram Nath and Sandeep Mehta made the observation while ordering the Himachal Pradesh government to appoint a lawyer with 90% permanent locomotor disability as an assistant district attorney (ADA), setting aside the state’s decision to deny him the post despite his success in the selection process. The court also imposed costs of ₹5 lakh on the state, noting that the candidate, Prabhu Kumar, had been “unjustly denied appointment” despite being meritorious and was forced to undergo prolonged litigation. “The percentage of disability, by itself, cannot be treated as determinative of a candidate’s capability or suitability for public employment,” held the bench in a judgment released on Tuesday, emphasising that the statutory framework under the Rights of Persons …

