SUJATA BORA Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) An advertisement was published by Coal India Limited (CIL) vide Advertisement No. 1/2019 for recruitment of Management Trainees. The petitioner applied for the post of Management Trainee in Personnel and HR discipline. The petitioner applied as a reserved candidate in the Visually Handicapped (VH) category. The Reservation for PwD (Persons with Disabilities) candidates is made on horizontal basis. For being eligible to apply in the PwD category the percentage of disability would have to be 40% or above. The petitioner's Certificate of Disability was dated April 17, 2012, on the basis of which the petitioner applied. The petitioner was selected for the interview.

(2.) By a communication dated July 1, 2021 the petitioner was called for Document Verification (DV) and Initial Medical Examination (IME). It was intimated by the said communication that in case the petitioner failed to report for DV or IME then the petitioner's provisional selection, to the post of Management Trainee, shall stand automatically cancelled. The writ petitioner appeared for IME on September 23, 2021. She was declared to be unfit as a candidate since she was not only suffering from visual disability but also suffering from Residual Partial Hemiparesis.

(3.) Mr. Majumder, learned Counsel appearing on behalf of the petitioner submitted that under Sec. 34 of Rights of Persons with Disabilities Act, 2016, Reservation was required to be made not only for persons who were visually handicapped but also for persons who suffered multiple disabilities.