Welfare State Expected To Create Conducive Conditions For Disabled Citizens, Provide Avenues For Public Employment: Delhi High Court

The Delhi High Court has observed that a welfare State is expected to create conditions which are conducive to citizens with disabilities by providing them avenues for public employment.

A division bench comprising of Justices Sanjeev Sachdeva and Tushar Rao Gedela was of the view that under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the State is enjoined to create conditions and opportunities for the welfare and betterment of the citizens with disabilities and those who are differently abled.

"The Central Government had enacted the said Act to ensure that the citizens falling in this category are not deprived of their rightful means of livelihood in respect of public employment. It is with a view to give impetus to the beneficial provisions of the said Act, that the Central Government and the State Governments created various avenues for public employment of such differently abled citizens," the Court said.

It added "The welfare State is expected to create conditions which are conducive to such citizens by providing avenues for public employment."

The Court was dealing with a plea filed by a candidate for recruitment of All India Service for the year 2015. The petitioner had challenged the report of the Appellate Medical Board of Dr. Ram Manohar Lohia Hospital, conducted in compliance of High Court's order whereby the Medical Board consisting of three senior doctors had concluded that the Petitioner was having visual disability of 20% only.

While there was no dispute about the fact that the Petitioner suffered from visual impairment namely 'high myopia with Isometropic Amblyopia', the Court dealt with the issue as to whether the Petitioner was suffering from a visual impairment which would be greater than 40%. Having 40% visual impairment would entitle the petitioner to be treated as a visually disabled category candidate.

It was the Petitioner's case that he was a meritorious candidate who had secured a total of 828 marks in the examination of the Civil Services Examination 2014 with All India Rank of 1173 and 5th rank holder in the disabled category.

Perusing the medical reports, the Court was of the view that the Petitioner fell within the definition as contained in sec. 2(b)(ii) of the PWD Act.

"From the perusal of the medical literature, it appears that not all cases suffering from 'Amblyopia' necessarily must have any 'organic lesion' for the onset of the disease. Thus, it cannot be ruled out that the Petitioner's visual impairment due to 'Amblyopia' could be caused without any organic lesion and on the basis of pre-disposed genetic condition," the Court said.

The Court was of the opinion that the Petitioner was. ot only a person with visual impairment to the extent of 60% but also a "brilliant candidate" who had secured 5th rank in his own category and was also positioned at All India Rank No.1173.

"In such circumstances, depriving the Petitioner of public employment, that too, at the level of Indian Administrative Services, on such inconclusive medical report dated 17.12.2018, is not only unfair, unjust but also whimsical and arbitrary. We hold so," the Court observed.

Setting aside the impugned Appellate Medical Board Report, the Court directed the respondents to take the assessment of the percentage of disability of the Petitioner at 60% and also consider him qualified so far as the medical criteria is concerned.

"As a consequence, Respondent No.1/DoPT is directed to allot the cadre and appoint the Petitioner in Indian Administrative Service (2015 Batch) considering him eligible in so far as the Central Civil Examination, 2014 is concerned with all consequential benefits in respect of seniority and promotion on notional basis. Since the Petitioner did not discharge any duties, we refrain from granting any back wages," the Court added.

The plea was accordingly disposed of.

Case Title: VISHV MOHAN v. DEPARTMENT OF PERSONNEL AND TRAINING AND ORS.

Citation: 2022 LiveLaw (Del) 807

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