Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K. PATTANAIK
Sameer Satapathy – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. background of the petitions regarding disability certification. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. court's analysis on applicability of disability laws and implications for petitioners. (Para 8 , 9 , 10 , 16 , 17 , 19 , 21 , 22) |
| 3. arguments concerning temporary versus permanent disability in context of job reservations. (Para 11 , 12 , 14 , 18) |
| 4. definition of benchmark disability for job reservation. (Para 15) |
| 5. conclusion and order based on court findings and directions. (Para 23 , 24 , 25) |
JUDGMENT:
R.K. PATTANAIK, J.
1. All the writ petitions have been clubbed together for disposal by the following common judgment.
2. Instant writ petition is filed by the petitioners assailing the impugned notification dated 28th June, 2021 at Annexure-14 and further to direct opposite party No.1 to issue letters of appointment in their favour to the posts applied for pursuant to the select list as at Annexure-5 with effect from the date the other candidates have been issued the appointment orders besides granting them the consequential service and financial benefits within a stipulated period.
3. In fact, the challenge is to the notification of the Government of Odisha in Departm
The Act mandates that only individuals with permanent disabilities meet the benchmark for reservation in employment, excluding those with temporary disabilities from eligibility.
Valid benchmark disability certificate with validity period entitles reservation under RPwD Act in direct recruitment, regardless of 'temporary' label; executive instructions cannot override statute ....
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.
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.
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....
Eligibility for appointment in reserved categories depends on the specific nature of disability as defined by law, not merely on the candidate's performance.
The court affirmed the importance of valid disability certificates and the necessity of adhering to established benchmarks for disability in employment decisions.
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
