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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, SUPRATIM BHATTACHARYA
Debika Karmakar – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. petitioner participated successfully in recruitment. (Para 1 , 2 , 3) |
| 2. petitioner sought appointment based on prior success. (Para 4 , 5) |
| 3. validity of disability certificate emphasized. (Para 6 , 7 , 14 , 15 , 16) |
| 4. older certificate should prevail over newer findings. (Para 8 , 19 , 20) |
| 5. counterarguments regarding medical assessments made. (Para 9 , 10 , 11 , 12) |
| 6. reassessment not necessary without doubt on validity. (Para 18 , 21 , 22 , 24) |
| 7. denial of appointment unsustainable. (Para 25 , 26) |
| 8. order for immediate issuance of appointment directed. (Para 27 , 28 , 29) |
JUDGMENT :
1. The present writ petitioner participated in a process of selection for the post of Lower Division Clerk. Her candidature was under the Persons with Disabilities (PWD) category. In support of her claim as a PWD candidate, the petitioner relied upon a certificate of disability dated 08.01.2019 issued under Rule 18(1) of Rights of Persons with Disabilities Rules, 2018. The certificate certified her disability to be 59 per cent based on a finding of her suffering with hearing impairment.
2. Having participated in the recruitment process, the applicant/writ petitioner emerged successful
DEBIKA KARMAKAR vs THE STATE OF WEST BENGAL AND ORS. - 2025 Supreme(Online)(Cal) 3189: No keywords or phrases (e.g., followed, distinguished, criticized, questioned, overruled, reversed, abrogated) indicate any specific judicial treatment of this case by subsequent decisions. The provided snippet describes the case proceedings, including the petitioner's approach to the tribunal and counsel's reliance on a Supreme Court decision ("The State of West Bengal and Ors"), but provides no information on how DEBIKA KARMAKAR vs THE STATE OF WEST BENGAL AND ORS. - 2025 Supreme(Online)(Cal) 3189 itself has been treated. Treatment is therefore unclear and ambiguous based on the given text.
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....
The court affirmed the importance of valid disability certificates and the necessity of adhering to established benchmarks for disability in employment decisions.
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.
Once a disability certificate is accepted for employment, it cannot be questioned later based solely on administrative errors, unless fraud is proven.
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 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....
Proper examination and adherence to guidelines for granting disability certificates are crucial, especially in the context of admission to medical courses.
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