A welfare State is expected to create conducive conditions for its differently-abled citizens by providing them avenues for employment, the Delhi High Court observed while ordering a person with visual impairment to be appointed to the Indian Administrative Service (IAS).
A Bench of Justice Sanjeev Sachdeva and Justice Tushar Rao Gedela said the “State is enjoined to create conditions and opportunities for the betterment of citizens with disabilities and those differently abled under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act which safeguards their rightful means of livelihood in respect of public employment”.
The High Court made the observations while hearing a petition by Vishv Mohan, a candidate for the All India Services for the year 2015 under the ‘Visually Handicapped’ category, which requires a person seeking benefit to have a benchmark disability of 40%.
Mr. Mohan, who suffers from ‘high myopia with isometropic amblyopia’ (decreased eyesight), has challenged the reliance of authorities on certain medical reports which found his visual disability to be 20% only, thus cancelling his candidature. Mr. Mohan had furnished a disability certificate by AIIMS which assessed his disability to be 75%.
While ordering the appointment of Mr. Mohan, the High Court noted that Mr. Mohan had secured 5th rank in his own category and was also positioned at All India Rank No. 1,173.
“In such circumstances, depriving the Petitioner (Mr. Mohan) of public employment, that too, at the level of Indian Administrative Services on such inconclusive medical...is not only unfair, unjust but also whimsical and arbitrary,” the court said.
The court directed the Centre to appoint Mr. Mohan to the IAS (2015 batch) with all consequential benefits in respect of seniority and promotion on a notional basis.