PURNENDU SINGH
Lalita Devi – Appellant
Versus
Union of India – Respondent
Purnendu Singh, J. – Heard Mr. Ashutosh Kumar Verma, learned counsel appearing on behalf of the petitioner and Mr. Kundan Kumar Singh, learned counsel for the respondent/s.
2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:
"(I) To issue an appropriate writ /order /direction in nature of mandamus, directing the Respondents to allow the petitioner appear in the supplementary examination of Diploma in Primary Education (DPE) or petitioner should be passed on the basis of average marking.
(II) To any other relief for which the petitioner appear to found entitled by your lordships deem fit and proper."
3. The petitioner was appointed as a Block Teacher in the year 2005 at Primary School Parham, Block-Jamalpur, District- Munger vide Memo No. 348 dated 24.06.2005 and she joined the school on 06.07.2005. The said Primary School was later upgraded as Utkramit Middle School, Parham. After completion of two years of service, the Headmaster of the said school issued a letter dated 31.05.2008 and directed the petitioner to attend the programme of Diploma in Primary Education (DPC) conducted by Indira Gandhi
The court found that individuals with mental disabilities must be treated with accommodations ensuring equal opportunities in education and employment, as protected under the Rights of Persons with D....
Disciplinary proceedings against employees with mental disabilities must consider their mental health status to avoid discrimination under the Rights of Persons with Disabilities Act.
Protection under the RPWD Act is contingent upon having a certified disability of 40% or more; disciplinary actions based on mental illness must follow this criterion.
Disciplinary proceedings against individuals with mental illness must consider their condition and provide reasonable accommodations as mandated by the Rights of Persons with Disabilities Act, 2016.
(1) A person with a disability is not required to prove that discrimination occurred solely on the basis that they had a disability. Disability needs to be one of factors that led to discriminatory a....
The Exemption Notification under Section 20 of the Disabilities Act applies to the respondent, terminating protections based on unestablished mental disabilities during misconduct; Inquiry Proceeding....
Valid benchmark disability certificate with validity period entitles reservation under RPwD Act in direct recruitment, regardless of 'temporary' label; executive instructions cannot override statute ....
Mental illness qualifies as benchmark disability eligible for posts unless policy excludes; requires medical expert verification of sound mind and fitness; merit determines selection among qualified ....
The State cannot differentiate between temporary and permanent disabilities in employment; individuals must not be deprived of their rights due to flaws in disability assessment, affirming equal trea....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.