Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law - Appointment - Appellant-disabled candidate seeking appointment to the Group B post |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service law - Appointment - Appellant-disabled candidate C seeking appointment to the Group B post - Requirement of minimum 40% disability - Certificate on basis of which appellant appointed not issued by the State Medical Board - Issuance of direction by the High Court to the appellant to appear before the State Medical Board for assessment of his disability - On examination, appellant found to have total disability of only 33.9% - Held: Under the Rules, D it. is required to be certified that either a person is suffering from permanent disabili!Ji where there are no chances of variation in the degree of disability and if there is any chance of variatiOn in the degree of disability, it should be indicated iii the Certificate that the Certificate is for a particular period of validity - Certificate relied E onĀ· by the appellant not time bound, thus, no chances of variation in the degree of disability- It was meant to be a permanent disability - State Medical Board has assessed the disability to be below 40%, which meant that the appellant did not have 40% disability, as required under law - Thus, the State to take appropriate action, to appoint the next person - Persons with Disabilities (Equal F Opportunities, Protection of Rights and Full Participation) Rules, 1996 |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2017 INSC 911 |
Petitioner | Rima Taipodia |
Respondent | Arunachal Pradesh Public Service Commission & Ors. |
SCR | [2017] 9 S.C.R. 524 |
Judgement Date | 2017-09-14 |
Case Number | 12856 |
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