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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
Sanjeev Kumar, Rajesh Sekhri
Sajad Ahmad Mir – Appellant
Versus
UT of J&K – Respondent
| Table of Content |
|---|
| 1. petitioners claim temporary disability status. (Para 1 , 2 , 3) |
| 2. arguments on eligibility of temporary disability. (Para 4 , 5 , 6 , 7) |
| 3. definition of benchmark disability established. (Para 8 , 9 , 10 , 11) |
| 4. legislation for reservation requirements discussed. (Para 12 , 13 , 14 , 15) |
| 5. distinction between temporary and long-term disabilities. (Para 16 , 17 , 18 , 19) |
| 6. petitioners' disabilities evaluated against statutory definitions. (Para 20) |
| 7. conclusion dismissing the petition. (Para 21 , 22) |
JUDGMENT :
Sanjeev Kumar, J.
1.The petitioners claim to have participated in NEET- UG Examination 2024, the result whereof was declared on 26th July, 2024. On the declaration of the result of NEET UG 2024 examination by the National Testing Agency and receipt of merit list of the candidates belonging to the Union Territory of Jammu and Kashmir, the J&K Board of Professional Entrance Examinations [“the BOPEE”] vide Notification No.78-BOPEE of 2024 dated 18.08.2024, notified the schedule for online registration by the eligible candidates to register themselves and upload their documents on the official website of the BOPEE for verification/updation of their category statu
Only individuals with permanent disabilities qualify for reservation benefits, while temporary disabilities do not meet the legal benchmarks set by the Rights of Persons with Disabilities Act.
The Act mandates that only individuals with permanent disabilities meet the benchmark for reservation in employment, excluding those with temporary disabilities from eligibility.
The court affirmed that the UDID must be prioritized for disability claims over conflicting assessments, reinforcing the legal right to reservation for persons with benchmark disabilities.
The Act and the Guidelines for evaluation and certification of specified disabilities do not distinguish between temporary and permanent disabilities in the context of visual impairment, and must be ....
Temporary disabilities should not disqualify individuals from accessing benefits under disability categories, aligning with the long-term impairment focus of the Rights of Persons with Disabilities A....
The court emphasized the need for literal interpretation of statutory provisions and the limited scope of judicial interference in policy decisions made by expert bodies.
Valid benchmark disability certificate with validity period entitles reservation under RPwD Act in direct recruitment, regardless of 'temporary' label; executive instructions cannot override statute ....
Exclusion from admission despite valid disability certification violates rights and mandates of reasonable accommodation under disability laws.
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