Jammu & Kashmir and Ladakh HC Quashes Cancellation of Appointment of 100% Visually Impaired Woman [Read Order]

Jammu: The High Court of Jammu & Kashmir and Ladakh has delivered a landmark judgment, quashing the cancellation of the candidature of a visually impaired woman for the post of Junior Executive (Law), emphasizing the legal mandate of reasonable accommodation for persons with disabilities.

Justice Javed Iqbal Wani made crucial observations on the rights of persons with disabilities and the obligations of employers to ensure reasonable accommodation under the law.

The court was hearing a writ petition filed by Shivani Misri challenging the cancellation of her candidature by the Union of India and the Airports Authority of India, based on a reassessment of her disability. She also sought to quash the Advertisement Notice dated 19.08.2023, which she contended was discriminatory.

Highlighting the petitioner’s qualifications, the court observed:
“Despite suffering from 100% visual disability in both eyes, the petitioner demonstrated exceptional academic and professional accomplishments, having obtained a Bachelor of Arts and Law (B.A.LL.B.) degree from the University of Jammu in 2021, followed by a Master of Laws (LL.M.) degree from the University of Punjab in 2022. She is currently serving as a Law Professor at MIET Law College, Jammu.”

The court criticized the respondents’ failure to apply the principle of reasonable accommodation, stating:
“The respondents have overlooked the provisions of Section 3(5) of the Rights of Persons with Disabilities Act, 2016, and the settled position of law laid down by the Apex Court. This Court cannot ignore the fact that the advertisement for the post explicitly notified that candidates with ‘blindness’ and ‘low vision’ were eligible to apply.”

Issuing a specific directive, the court held:
“The petition is allowed. The impugned communication dated 13.12.2024 is quashed. The respondents are directed to revisit and reconsider the case of the petitioner in light of Section 3(5) of the Act and the law laid down by the Supreme Court in Vikash Kumar.”

The court also instructed the respondents to reconsider the petitioner’s case within six weeks and to communicate their decision to her within two weeks thereafter.

Mr. Nikhil Padha, Advocate, appeared for the petitioner, while Mr. Inderjeet Gupta, Advocate, represented the respondents.

Case Title: Shivani Misri v. Union of India & Anr.

[Read Order]