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Rights of Persons with Disabilities Act, 2016 – 90% Hearing impairment of the petitioner -No reservation in Recruitment in the Madras High Court – Non-Selection of Sanitary Worker

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The Petitioner, who participated in the recruitment for the post of Sanitary Worker in the Madras High Court, had scored 46 out of 50 marks in the written examination and 7.25 out of 10 marks in the interview.   The total marks were 62.5 out of 80 marks in 2017 recruitment.

The High Court recruited six candidates from differently abled category adopting the roster point although reservation as per Disabilities Act was not provided.  However, the petitioner was not selected although he had scored higher marks than the selected and appointed candidates.

Thus, there was violation of the Disability Act, 2016.  The only impediment, according to the High Court, was that hearing impairment of the petitioner was about 90% and it was in line with Rule 25 of the Madras High Court Service Rules, 2015.  Accordingly, a person with partial hearing impairment of 40% to 50% can be appointed.

HELD that Section 3 of the RPWD Act 2016, deals with equality and non-discrimination that no government establishment shall discriminate any person with disability.

It is denoted that no person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned action or omission is a proportionate means of achieving a legitimate aim. Moreover, no candidate under Section 34(1) of the Act was selected and appointed.    The High Court Service Rules, 2015, were not amended subsequently in tune with the Rights of Persons with Disabilities Act, 2016.   The criteria under Rule 25 was based on the erstwhile Act of 1996.   However, the recruitment notification was issued in July, 2017 after 2016 Act came into force on 19.4.2017. Thus, the writ petition was allowed and direction to appoint the petitioner was issued.

Division Bench Judgment dated 28.2.2024 in W.P.No.1305 of 2018 of S.Amanullah  Vs. The Registrar General, High Court of Madras and another.

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