SC: No Discrimination Against Disabled Candidates in Government Regularization
- ByAdmin --
- 30 Jun 2025 --
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In a progressive and rights-affirming decision, the Supreme Court has ruled that disabled candidates working on temporary or contractual government posts cannot be excluded from regularization solely on the ground of their disability. The Court emphasized that such exclusion violates the constitutional promise of equality and the statutory protection granted under disability rights laws in India.
Background
- The case involved a disabled candidate who had been serving in a temporary government position for several years.
- When the government initiated a regularization process for similarly placed employees, the candidate was denied permanent status citing disability as a barrier.
- The petitioner challenged the exclusion, arguing that it was discriminatory and violative of the Rights of Persons with Disabilities Act, 2016, and Articles 14 and 21 of the Constitution.
Key Observations by the Supreme Court
- Equality Before Law Must Include the Disabled
The Court held that denying regularization solely based on disability is a clear violation of the right to equality. Disabled persons are entitled to the same employment protections as others.
- Reasonable Accommodation is a Legal Duty
The Court reiterated that public employers are required to provide reasonable accommodations to disabled employees—not exclude them from opportunities due to their impairments.
- Exclusion Perpetuates Stigma
Such practices, the Court noted, reinforce harmful stereotypes about the capabilities of disabled individuals and undermine their dignity and right to livelihood.
- Disability Cannot Be a Disqualification
Unless a person is medically certified as unfit for a particular post due to essential job functions, disability alone cannot be treated as a disqualifying factor, especially after years of service.
Implications of the Judgment
- Precedent for Inclusive Employment
This ruling sets a clear precedent that government departments must treat disabled contractual employees equally in matters of regularization and permanency.
- Reinforcement of Disability Rights Law
The judgment strengthens the enforcement of the 2016 Act, which mandates equal opportunity and non-discrimination in employment for persons with disabilities.
- Policy Changes Likely
Government agencies may need to revisit their regularization policies and ensure that disability is not used, explicitly or implicitly, as a basis for exclusion.
- Broader Message of Inclusion
Beyond the legal outcome, the Court’s language sends a strong message about upholding the dignity, competence, and rights of disabled persons in the workplace.
Conclusion
With this ruling, the Supreme Court has reaffirmed that disability is not incompetence, and that fairness in employment must include fairness in regularization. By ruling against exclusionary practices, the Court has upheld the spirit of equality, dignity, and inclusive governance. The decision ensures that persons with disabilities are not pushed to the margins, but are rightfully integrated into the public workforce—on equal and respectful terms.
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