The Supreme Court has ruled that the percentage of disability cannot determine a candidate's capability for public employment, emphasizing the State's obligation to ensure equal opportunity and provide reasonable accommodation to persons with disabilities.
A bench of justices Vikram Nath and Sandeep Mehta ordered the Himachal Pradesh government to appoint a lawyer with 90% permanent locomotor disability as an assistant district attorney (ADA), setting aside the state's decision to deny him the post.
The court also imposed costs of ₹5 lakh on the state, noting that the candidate, Prabhu Kumar, had been "unjustly denied appointment" despite being meritorious and was forced to undergo prolonged litigation.
The judgment emphasized that the statutory framework under the Rights of Persons with Disabilities (RPwD) Act, 2016 mandates the State to ensure equal opportunity and reasonable accommodation.
The court rejected the state's argument that Kumar, having participated in the selection process, could not challenge the eligibility condition later, holding that an arbitrary and unlawful condition cannot be allowed to defeat fundamental rights.
The court directed the state to issue Kumar's appointment letter within two weeks and ordered that his appointment be given retrospective effect from September 19, 2019, with all notional benefits.
