Date of judgement:
Wednesday, August 11, 2004
Case Number:
Appeal (civil) No. 5178 of 2004
Judge's Name:
ARIJIT PASAYAT & C.K. THAKKER JJ.
Eyeway Synopsis:
An employee while working in Group-C post of the Railways applied for promotion to Group-B post. He qualified in the written test and was directed to undergo medical examination as per para 531(b) of the Railway Establishment Manual and passing of the medical test is a requirement before the candidate is called for personal interview. The candidate was found unfit for the post as he was having low vision. The court directed the employer to follow the provisions of the Act of the land (i. e Persons with Disabilities Act 1995), and grant the said prdismotion to an eligable candidate without discrimination on the part of disability of the candidate , becaise if a disability doesn't stop a perosn from performing his duty in an apt manner then such disability cannot be taken as a heardel in promotion of te candidate.
Original Judgment:
Link of Source:
http://judis.nic.in/supremecourt/imgs1.aspx?filename=26305
Party Appallent:
Union of India
Party Respondant:
Sanjay Kumar Jain
Lawyer Appallent:
Mr. M.N. Krishnamani
Type of Disability:
Visual Impairment
Court Name:
the supreme court of india
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