38.6c New Delhi, India, Friday, October 31, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

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

By Saket Sourav      13 May, 2025 02:18 PM      0 Comments
Jammu and Kashmir and Ladakh HC Quashes Cancellation of Appointment of 100 percent Visually Impaired Woman

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]



Share this article:

About:

Saket is a final-year law student at The National Law University and Judicial Academy, Assam. He has...Read more

Follow:
Linkedin


Leave a feedback about this
Related Posts
View All

J&K and Ladakh HC upholds preventive detention, confirms validity beyond criminal proceedings [Read Order] J&K and Ladakh HC upholds preventive detention, confirms validity beyond criminal proceedings [Read Order]

J&K and Ladakh HC upholds preventive detention order, confirming its validity even without ongoing or concluded criminal proceedings under PSA 1978.

High Court of J&K and Ladakh clarifies dress code rules for Advocates, dismisses domestic violence petition [Read Order] High Court of J&K and Ladakh clarifies dress code rules for Advocates, dismisses domestic violence petition [Read Order]

High Court of J&K & Ladakh clarifies advocate dress code, dismisses domestic violence petition for procedural non-compliance. Key directives issued.

Jammu & Kashmir High Court limits scope of Judicial Review in Tender disputes [Read Judgment] Jammu & Kashmir High Court limits scope of Judicial Review in Tender disputes [Read Judgment]

J&K and Ladakh High Court limits judicial review in tender cases, emphasizing transparency, fairness, and public interest over individual grievances.

Jammu & Kashmir and Ladakh High Court rules Section 27 statements insufficient to prove knowledge in NDPS cases [Read Order] Jammu & Kashmir and Ladakh High Court rules Section 27 statements insufficient to prove knowledge in NDPS cases [Read Order]

Jammu & Kashmir and Ladakh HC rules that Section 27 statements can’t be treated as confessions or prove knowledge in NDPS cases, granting bail to the accused.

TRENDING NEWS

sc-hints-at-pan-india-guidelines-on-timeline-to-frame-charges
Trending Judiciary
SC hints at pan-India guidelines on timeline to frame charges

SC mulls pan-India guidelines to curb delays in framing charges; notes cases where charges aren’t framed even after years despite BNSS mandate of 60 days.

30 October, 2025 12:22 PM
limitation-for-continuous-breach-runs-only-till-contract-expiry-kerala-hc-clarifies
Trending Judiciary
Limitation for Continuous Breach Runs Only Till Contract Expiry: Kerala High Court Clarifies [Read Judgment]

Kerala HC clarifies that for continuous breach of contract, limitation under Article 55 starts when breach ceases; once contract ends, breach cannot continue.

30 October, 2025 01:37 PM

TOP STORIES

sc-quashes-uapa-arrests-holds-remand-courts-explanation-cannot-replace-written-grounds-of-arrest
Trending Judiciary
SC Quashes UAPA Arrests, Holds Remand Court’s Explanation Cannot Replace Written Grounds Of Arrest [Read Order]

Supreme Court quashes UAPA arrests, ruling that remand court’s explanation cannot substitute the mandatory written grounds of arrest.

25 October, 2025 11:10 AM
ngt-orders-probe-into-illegal-tree-felling-in-delhis-civil-lines-directs-action-within-three-months
Trending Environment
NGT Orders Probe into Illegal Tree Felling in Delhi’s Civil Lines, Directs Action Within Three Months [Read Order]

NGT directs Tree Officer to probe illegal tree felling in Delhi’s Civil Lines and take action under the Delhi Preservation of Trees Act, 1994.

25 October, 2025 11:28 AM
gauhati-hc-quashes-fir-against-cnn-news18-anchor-akansha-swarup-over-kamakhya-temple-remarks
Trending CelebStreet
Gauhati HC Quashes FIR Against CNN-News18 Anchor Akansha Swarup Over Kamakhya Temple Remarks [Read Order]

Gauhati HC quashes FIR against CNN-News18 anchor Akansha Swarup, ruling her Kamakhya Temple remarks were careless but lacked malicious intent.

25 October, 2025 11:43 AM
delhi-hc-upholds-divorce-on-cruelty-grounds-denies-alimony-to-financially-independent-wife
Trending Judiciary
Delhi HC Upholds Divorce On Cruelty Grounds, Denies Alimony To Financially Independent Wife [Read Judgment]

Delhi HC upholds divorce on cruelty grounds, denies alimony to IRTS officer wife, ruling that alimony is for need-based justice, not enrichment.

25 October, 2025 12:10 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email