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VIKRAM NATH, SANDEEP MEHTA
Prabhu Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. factual background of the appellant's case (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments presented by the appellant and respondents (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. court's analysis on the legality of disability limits (Para 18 , 19 , 20 , 21 , 23 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 4. establishment of arbitrary disability limits as legally invalid (Para 22 , 24 , 40) |
| 5. final orders and conclusions of the court (Para 41 , 42 , 43 , 44 , 45 , 46 , 47) |
JUDGMENT :
Mehta, J.
1. Heard.
2. The appellant herein, a Law Graduate, is a specially-abled person suffering from 90% permanent locomotor disability due to left shoulder disarticulation. He has been practicing as an advocate since 2015.
3. He has preferred the instant appeal for assailing the judgment dated 29th September, 2020 passed by the High Court of Himachal Pradesh at Shimla1[Hereinafter referred to as “High Court”] in C.W.P. No. 3634 of 2019, whereby the High Court dismissed the writ petition filed by the appellant and rejected his claim for appointment to the post of Assistant District Attorney2[For short “ADA”].
Brief Facts: -
4. The facts relevant and essentia
The imposition of a maximum disability limit for public employment violates the Rights of Persons with Disabilities Act, establishing that suitability must be assessed through reasonable accommodatio....
The court ruled that candidates with disabilities must not be discriminated against based on their degree of disability, ensuring equal treatment in public employment.
The court ruled that visually impaired candidates are eligible for judicial service, striking down discriminatory rules and emphasizing the need for reasonable accommodation and separate cut-off mark....
The judgment emphasizes the statutory provisions and government orders governing age relaxation, grace marks, and reservation for PwDs, and directs the respondents to work out backlog vacancies and p....
The court established that additional minor disabilities should not disqualify candidates with 40% or more disability in one leg from public employment, reinforcing the principles of equality and non....
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