Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Gau) 694

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
VIJAY BISHNOI, CJ., N. UNNI KRISHNAN NAIR, J.
Oil And Natural Gas Corporation Ltd., Represented By Its Chairman And CEO and Ors. – Petitioners
Versus
Ankush Saikia, S/o. Jiten Saikia And Anr. – Respondents
WA No.194 Of 2024
Decided On : 01-05-2025

Advocates Appeared:
For the Petitioner: Mr. B.K. Das, H.P. Neog, Mr H.P. Guwala.
For the Respondent: SC, Health And F W, for Caveator, Mr. R Boro, Mr. C Boruah.

Temporary disability certificates do not qualify individuals for employment benefits reserved for persons with benchmark disabilities under the Rights of Persons with Disabilities Act, 2016.

Headnote:
(A) Rights of Persons with Disabilities Act, 2016 - Sections 2(r) and 2(s) - Temporary disability certificate - Appointment against reserved posts - Respondent No. 1, possessing a temporary disability certificate valid until 25.10.2025, was denied appointment as Junior Technician(Diesel) due to the temporary nature of his disability, which does not meet the criteria for benchmark disability. The learned Single Judge's order directing appointment was set aside as it would unjustly deny opportunities to candidates with permanent disabilities. (Paras 10, 30, 36)

(B) Employment - Reservation for persons with disabilities - The court emphasized that only those with permanent disabilities are entitled to reservation benefits, and temporary disabilities do not qualify under the Act. (Paras 6, 34)

Facts of the case:
The appellants issued an advertisement for recruitment of Junior Technicians, reserving posts for persons with benchmark disabilities. Respondent No. 1 applied with a temporary disability certificate indicating 55% disability, valid until 25.10.2025. After failing to provide a permanent disability certificate, his appointment offer was canceled, leading to a writ petition that was initially allowed by the Single Judge.

Findings of Court:
The court found that the temporary disability certificate does not qualify the respondent for appointment against reserved posts, as it does not meet the benchmark disability criteria.

Issues: The main issues were whether a temporary disability certificate suffices for appointment against reserved posts and the implications of appointing someone with a temporary disability over those with permanent disabilities.

Ratio Decidendi: The court ruled that the temporary nature of the respondent's disability disqualified him from being considered a person with benchmark disability, emphasizing the need to prioritize candidates with permanent disabilities for reserved positions.

Result: The order dated 23.04.2024, directing the appointment of the respondent, was set aside, and the writ petition was dismissed.

JUDGMENT :

(N. Unni Krishnan Nair, J.)

Heard Mr. Indraneel Chowdhury, learned senior counsel, assisted by Mr. B. K. Das, learned counsel, appearing on behalf of the appellants, herein. Also heard Mr. C. Boruah, learned counsel, appearing on behalf of respondent No. 1; and Mr. D. Upamanyu, learned counsel, appearing on behalf of respondent No. 2.

2. The present intra-Court appeal has been instituted by the appellants, herein, assailing the order, dated 23.04.2024, passed by the learned Single Judge in WP(c)3832/2023, allowing the same, by directing the appellants, herein, to appoint the respondent No. 1/writ petitioner against the post of Junior Technician(Diesel) under the disability category upto 25.10.2025, i.e. upto the date of validity of the temporary disability certificate issued to him.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:

The appellants, herein, had issued an advertisement, being advertisement No. 2/2022(R&P), inviting applications for recruitment, amongst others, against 9(nine) posts of Junior Technician(Diesel). Out of the said 9(nine) posts of Junior Technician(Diesel) advertised, 2(two) posts were reserved for persons with benchmark disability.

The respondent No. 1, herein, who fulfilled the requisite eligibility criteria for recruitment against the post of Junior Technician(Diesel), had submitted his application in pursuance of the said advertisement. The respondent No. 1, had applied pursuant to the said advertisement for the said post of Junior Technician(Diesel) against the posts so earmarked for persons with benchmark disability. The respondent No. 1, in support of his disability, had placed reliance on a disability certificate issued by the competent medical authority, Sivasagar, dated 25.05.2022. The respondent No. 1, in the said certificate, dated 25.05.2022, was certified to be suffering from hearing impairment and the percentage of his disability was denoted as 55%. However, the said certificate, dated 25.05.2022, had also certified the respondent No. 1 to be suffering from a temporary disability and the said certificate was recommended only for a period of 3 years and 5 months. The said disability certificate, dated 25.05.2022, issued to the respondent No. 1, was to remain valid till 25.10.2025.

In pursuance of the said application, the respondent No. 1, herein, was permitted to appear in the selection process and on conclusion of the selection process, the respondent No. 1 being qualified, therein, against the post of Junior Technician(Diesel) reserved for persons with disabilities; the appellants, herein, issued an offer of appointment, dated 16.05.2023, to the respondent No. 1, herein.

In terms of the conditions set-out in the said offer of appointment, dated 16.05.2023; the respondent No. 1, herein, was required to submit all his original qualification documents including the Persons with Disabilities certificate in the prescribed format. The respondent No. 1 was also required to appear before the medical authority of the appellants, herein, for his medical examination. The respondent No. 1, accordingly, underwent the medical examination and the medical authority on examining the respondent No. 1, had concluded that the respondent No. 1 was suffering from a temporary disability and accordingly, he was not entitled to be appointed against the post of Junior Technician(Diesel) for which an offer of appointment was issued to him on 16.05.2023.

The respondent No. 1, thereafter, vide an e-mail, dated 16.05.2023, approached the appellants, herein, praying for grant of time for submission of a permanent disability certificate as per the prevailing guidelines, in the prescribed format. The said mail was responded to by the appellants, herein, vide an e-mail, dated 21.06.2023, wherein, the respondent No. 1 was directed to produce the permanent disability certificate in the prescribed format on or before 29.06.2023. It was further stipulated