Suitability Of PwD Candidate Must Not Solely Be Assessed Based On Medical Certificate But Also Functional Assessment: Karnataka HC

The Karnataka High Court has said that the assessment of the suitability of a candidate who is suffering from physical disability must not be based solely on the medical certificate, but also on the functional assessment of the candidate.A division bench of Chief Justice N V Anjaria and Justice K V Aravind held thus while allowing an appeal filed by Anil Kumar S B who had challenged a single judge order and held him eligible for the post of Assistant Accounts Officer under the reservation for persons with disabilities in Bangalore Electricity Supply Company Ltd (BESCOM). The court said, “What requires consideration, in this context, is the functional assessment. In determining the suitability or eligibility of a candidate with a disability, the functional assessment, beyond just the medical evaluation, is crucial. Annexure-A, the Disability Certificate, clearly records that the appellant can perform normal work with both hands, albeit subject to certain restrictions.” Further it said “When there are insufficient PwD candidates available for selection in their respective category, relaxation of the eligibility criteria may be considered in assessing the suitability of a candidate.” Kumar suffers from 75 percent disability and was employed with BESCOM as an Assistant pursuant to the Notification dated 07.03.2015 under the category of Persons with Disability. The company issued an Employment Notification dated 08.09.2016 inviting applications to the post of Assistant Accounts Officer. The appellant submitted his application for the post of Assistant Accounts Officer under the PwD category. Though his name was notified for the purpose of appearing in the examination, his name did not find place in the provisional selection list. The respondents issued a provisional selection list indicating that no eligible candidate was available for the post reserved for the PwD category.Challenging the single judge order which rejected his petition seeking a direction to consider his case under the General Merit PwD quota. It was contended that he was not an ineligible candidate for the post reserved under the General Merit PwD category. Once the appellant was considered eligible and suitable for appointment to the post of Assistant, he ought to be considered eligible and suitable for appointment to the post of Assistant Accounts Officer as well. Further, the scope of work performed by an Assistant and an Assistant Accounts Officer is almost similar. It is further submitted that the next promotional post for the appellant is that of Assistant Accounts Officer, which he would occupy upon promotion. It was also contended that once the appellant is suitable for appointment to the post of Assistant Accounts Officer by way of promotion, he cannot be denied appointment through direct recruitment on the ground of eligibility conditions.The respondents opposed the appeal submitting that appellant is now seeking appointment under the Recruitment Notification dated 08.09.2016, wherein separate eligibility conditions and specific types of disabilities have been prescribed. Once applications are invited from qualified and eligible candidates, with the qualifications and eligibility criteria, including the types of disabilities duly prescribed, compliance with these conditions is mandatory, and no relaxation is permissible.Further, it was said that the appellant suffers from a locomotor disability affecting both legs and both arms. The eligibility, as per the prescribed criteria, is limited to candidates with a disability affecting only one arm. Findings: Rejecting the contentions raised by the respondents, the court said, “The appellant, despite suffering from disability affecting both arms, has already been appointed to the post of Assistant. The appellant is also eligible for promotion to the next post in due course, which is the post of Assistant Accounts Officer. While promoting no additional eligibility criteria have been prescribed.” “When the appellant is deemed eligible for promotion to the post of Assistant Accounts Officer, it is difficult to accept that he is not eligible for direct recruitment to the same post,” it said. The court also accepted the appellant's contention that the functions assigned to the appellant are nearly identical to those to be performed by the Assistant Accounts Officer. It added, “If there is no other eligible candidate under the PwD quota available in the respective category, the eligibility criteria may be relaxed. Upon such relaxation, the appellant would be eligible for the post of Assistant Accounts Officer.”Refusing to accept the reasoning of the single judge that once a candidate participates in the selection process without objection, he is estopped from challenging the process at a later stage, it said, “The appellant has not challenged the eligibility conditions or the selection process. What the appellant has pleaded is his eligibility for the post of Assistant Accounts Officer.”...

Suitability Of PwD Candidate Must Not Solely Be Assessed Based On Medical Certificate But Also Functional Assessment: Karnataka HC

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