Minor Mistakes Due To Candidate’s Disability Should Not Result In Loss Of Job Opportunity: Bombay High Court

Posted On - 18 March, 2024 • By - King Stubb & Kasiva

The Bombay High Court, in Writ Petition No. 10813 of 2023, emphasized that the refusal to rectify errors arising from a candidate’s disability violates the principle of equality, and employers must ensure that such mistakes do not result in the loss of job opportunities. The High Court set aside the cancellation of the candidature of a 31-year-old, 100 per cent visually impaired woman, who mistakenly entered the wrong birth year in her application for a railway post. Despite passing the exam, her candidature was rejected during document verification. The Court stressed that visually impaired individuals may make errors due to their impairment or reliance on others, and such errors should not lead to discrimination. It emphasized that legislation for people with disabilities should be applied with sensitivity and flexibility, ensuring reasonable procedure accommodations. The Court highlighted the mandate of the Rights of Persons with Disabilities Act, 2016, for equal opportunities and reasonable adjustments.  The Court allowed the petitioner’s writ petition, directing the Railway Recruitment Cell (RRC) to process her candidature within six weeks.