Back
PARTHA SARATHI CHATTERJEE, TAPABRATA CHAKRABORTY
Subhadip Roy – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
1. The present writ petition has been preferred challenging an order dated 13th December, 2023 passed by the learned Tribunal in the original application being OA 73 of 2022 by which the cancellation of candidature of the petitioner for appointment to the post of Junior Engineer (Civil) was held to be fair and reasonable.
2. Shorn of unnecessary details, the facts are that the petitioner is a physically disabled person with hearing impairment of 40% disability as certified vide memo no. ENT/10 dated 19th January, 2017 by a Medical Board at the Lalbagh Sub-Divisional Hospital. In response to an advertisement published by the Public Service Commission, West Bengal (in short, PSC) in the month of December, 2017 being advertisement No. 25/2017, the petitioner applied for participation in the recruitment process for appointment to the post of Junior Engineer (Civil). He emerged to be successful and vide memo dated 1st October, 2019 he was recommended for appointment by the PSC. Thereafter vide memo dated 18th November, 2019 issued by the respondent no. 3 he was requested to submit duly filled in verification roll, which he duly furnished. Thereafter by a memo dated 19th Decembe
The court held that a competent authority's disability assessment cannot be altered by another board, and reliance on incomplete medical reports for disqualification is arbitrary.
The court affirmed the importance of valid disability certificates and the necessity of adhering to established benchmarks for disability in employment decisions.
The statutory disability certificate issued under the Rights of Persons with Disabilities Act prevails over general medical assessments, ensuring the rights of individuals with disabilities in public....
Proper examination and adherence to guidelines for granting disability certificates are crucial, especially in the context of admission to medical courses.
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....
The Appellate Medical Board's assessment should be given sanctity, and challenges to the constitution of the Special Medical Board should be raised in the writ petition. The State has a duty to make ....
The central legal point established in the judgment is the need for vigilance and proper identification of persons with disabilities, emphasizing the rights and empowerment of persons with disabiliti....
The court ruled that visual impairment assessments must consider all relevant medical evidence, establishing a disabled candidate's eligibility for public service based on the higher disability perce....
Once a disability certificate is accepted for employment, it cannot be questioned later based solely on administrative errors, unless fraud is proven.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
