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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
SAMEER JAIN
Deva Ram Shivran – Appellant
Versus
State – Respondent
JUDGMENT :
“I wish I had been more disabled — then perhaps the system would have seen me.”
These words reflect not a wish for greater suffering, but a bitter irony - that in the rigid, checkbox-driven machinery of the State’s welfare framework, a person’s lived experience of disability may fall through the cracks. In a system meant to uplift the disadvantaged, the petitioner stands at a paradox: disabled, yet not disabled enough to be seen.
1. Considering the interwoven and identical set of facts and legal issues framed and put-forth the present petitions were tagged and are henceforth adjudicated vide this common judgment, with consent of the counsel representing the parties, in both the petitions.
2. Before proceeding to examine the present petitions on their merits, it is imperative to first delineate the foundational facts and the core issues arising therein. A precise appreciation of the factual matrix and procedural background is essential to contextualize the grievances of the petitioners and the legal questions that fall for adjudication. The salient aspects of the petitions are, therefore, summarized as under.
In SBCWP No. 4343/2001 :-
3. The petitioner appeared in the Rajasthan
The denial of appointment to a meritorious candidate with less than 40% disability is arbitrary and discriminatory, violating constitutional rights to equality and non-discrimination in public employ....
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 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 principle of reasonable accommodation under the Rights of Persons with Disabilities Act mandates that all individuals with disabilities are entitled to employment opportunities without rigid adhe....
Denial of benefit of reservation based on the applicant's residence in another State is unconstitutional and illegal, as it goes against the statutory requirements and the constitutional mandate agai....
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....
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