Legal provisions involved: Rights of Persons with Disabilities Act, 2016; Articles 14, 21, 41 and 142 of the Constitution of India.
Judgement by: Supreme Court of India
Judge/Bench: Justice J.B. Pardiwala and Justice K.V. Viswanathan
Facts
Sujata Bora applied for the post of Management Trainee in Coal India Limited under the visually handicapped category. She cleared document verification and the initial medical test. Later, Coal India declared her medically unfit because she had more than one disability. She challenged this decision before the Calcutta High Court.
While a Single Judge ruled in her favour, the Division Bench set aside the order saying the recruitment panel had expired. The case then reached the Supreme Court. An AIIMS Medical Board assessed her disability at 57%.
Key legal provisions
Rights of Persons with Disabilities Act, 2016
Articles 14, 21, 41 and 142 of the Constitution of India.
Issues raised
Whether Coal India wrongly denied her a job and whether reasonable accommodation is compulsory in public employment?
Arguments of the case
Coal India relied on medical unfitness and technical rules. Sujata Bora argued that the denial was discriminatory and against disability law.
Judgement
The Supreme Court allowed the appeal and held that Coal India acted unfairly. It ordered the company to create a special post and appoint Sujata Bora with proper facilities.
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