Case No: 933/2001
Court of Chief Commissioner for Persons with Disabilities under Section 59 of the Persons with Disabilities (Equal opportunities, Protection of rights and Full participation) Act, 1995.
Sonika had met with an accident during her childhood, which had resulted in total loss of vision in her left eye. She had applied for the post of Junior Executive Assistant in LIC Housing Finance Limited, Mumbai on 28.3.2000. She qualified for the position in the written test, computer skill test and Interview and on this basis was given an appointment letter by LIC Housing and Finance Ltd., New Delhi along with a Medical Report form.
The Complaint
Sonika was declared fit for the job by Dr Anu Dhir, however, the LIC Housing Finance Limited refused to pay heed to the medical opinion and rejected her candidature.
Sonika’s lawyers filed a complaint before the Chief Commissioner for Persons with Disabilities under Section 59 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 against the Life Insurance Corporation.
The Judgment
As per the provisions of the PWD Act, persons with disability can be appointed against an unreserved vacancy provided the post is identified as suitable for them.
The post of Junior Executive Assistant in the LIC has been listed as being suitable for the disabled including the totally blind and those with Low vision making it suitabke for an individual with monocular vision. Furthermore, Sonika had qualified the written test, computer skill test and interview on her own merit as a general category candidate and was declared medically fit by a doctor recommended by LIC.
On the basis of these arguments the court decreed that Sonika could not be denied appointment and advised the LIC to appoint her to the post of Junior Executive Assistant within a period of 30 days from the receipt of the judgment with a copy of the appointment letter to the court.