All posts tagged: reasonable accommodation

Disability percentage can’t determine capability for public employment: Supreme Court| India News

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 …

HC rejects decision denying HIV positive personnel promotion, appointment in paramilitary forces | Latest News India

HC rejects decision denying HIV positive personnel promotion, appointment in paramilitary forces | Latest News India

New Delhi, The Delhi High Court has held that authorities are under a legal obligation to provide “reasonable accommodation” in employment to those suffering from HIV, and rejected the denial of promotion and appointment to three men in the paramilitary forces who were found positive for the virus. HC rejects decision denying HIV positive personnel promotion, appointment in paramilitary forces In the present case, two petitioners constables in Border Security Force and Central Reserve Police Force were denied promotion while the third petitioner, a constable on probation in the Border Security Force, was denied appointment in 2023. The petitioners contended that they were denied their respective promotions and appointment solely on the ground of their HIV positive status, which was in violation of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome , Act . Granting relief, a bench headed by Justice Navin Chawla said the HIV Act protected HIV-positive persons against discrimination in matters of employment unless the employer was able to “certify” the administrative or financial hardship for not providing such a person …