Court Rules Learning Disability Cannot Disqualify Candidate Eligible Under Disability Criteria for Officer Post
In a significant judgment, the Bombay High Court has directed the Reserve Bank of India (RBI) to reinstate the candidature of Shritij Mohan Shrivastava, a candidate with Autism Spectrum Disorder (Mild) and Learning Disability (Dyslexia/Dysgraphia), for the post of Officer in Grade 'B'. The court held that the presence of a learning disability cannot disqualify a candidate who meets the eligibility criteria for Autism Spectrum Disorder under the Rights of Persons with Disabilities Act, 2016 (RPwD Act).
The petitioner, Shritij Mohan Shrivastava, was initially rejected by the RBI due to his learning disability, despite being certified with Autism Spectrum Disorder, which was one of the disabilities recognized in the recruitment advertisement. The rejection was challenged in the Bombay High Court under a writ petition, where the petitioner argued that the disqualification was contrary to the principles of reasonable accommodation mandated by the RPwD Act.
The division bench comprising Justices G. S. Kulkarni and Aarti A. Sathe deliberated on the matter, emphasizing the importance of the RPwD Act, which aims to provide reasonable accommodation for persons with disabilities. The court noted that the recruitment process must be inclusive, ensuring that candidates with multiple disabilities are not unfairly disqualified when they meet the prescribed criteria for one recognized disability.
The court referenced previous judgments, including the Supreme Court's decision in the case concerning the recruitment of visually impaired candidates, which underscored the necessity of reasonable accommodation to uphold substantive equality for persons with disabilities.
Mr. Shanay Shah, counsel for the petitioner, argued that the RBI's rejection was based on a restrictive interpretation of eligibility criteria, which failed to consider the broader mandate of the RPwD Act. The counsel for RBI, Mr. Prasad Shenoy, contended that the bank's criteria were in line with government notifications that did not include learning disabilities for the specific post.
However, the court found the RBI's stance unsustainable, stating that the petitioner, having met the criteria for Autism Spectrum Disorder, should not be disqualified due to an additional learning disability. The court ordered the RBI to allow the petitioner to appear for the interview and subsequently directed the issuance of an appointment order.
This decision underscores the judiciary's commitment to ensuring that recruitment processes are aligned with the principles of equality and non-discrimination, as enshrined in the RPwD Act. The court's ruling is expected to have a significant impact on how public institutions interpret and apply disability criteria in recruitment processes.
Bottom Line :
Rights of Persons with Disabilities Act, 2016 - Reasonable accommodation for candidates with benchmark disabilities - Learning disability cannot be a ground for disqualification where the candidate meets other prescribed eligibility criteria.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016, Sections 32, 33, and Schedule
Shritij Mohan Shrivastava v. Reserve Bank of India, (Bombay)(DB) : Law Finder Doc id # 2963327
