Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

The appellant, a driver employed by the Telangana State Road Transport Corporation, was found colour‑blind during a routine medical check and was retired on medical grounds without being offered an alternative post. He claimed entitlement to redeployment under Clause 14 of a 1979 Memorandum of Settlement (MOS) executed…

The case concerned two writ petitions challenging the termination of a disabled employee by a private limited company and the termination of a contract with a public trust. Both petitioners sought relief under section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation)…

The State of Madhya Pradesh issued a circular and an advertisement to fill reserved posts for Scheduled Castes, Scheduled Tribes and for handicapped persons. Eight general‑category disabled candidates were selected, while a disabled candidate belonging to a reserved category (SC/ST) was not. The Administrative Tribunal…

The petitioners, who are persons with disabilities (PWD) employed by Prasar Bharati, challenged two Government of India office memoranda that denied them the statutory 3% reservation in identified Group A and B posts when such posts were filled by promotion. The core issue was whether the memoranda, which limited reser…

The Rajasthan High Court had directed the state to consider a candidate, who had applied for a Civil Judge post as a General category applicant and paid the general fee, for one of the two vacancies reserved for persons with disabilities after she later claimed visual impairment based on a disability certificate showin…

The appellant organisation Sambhavna filed a writ petition seeking a mandamus directing the University of Delhi to introduce bridge and foundation courses, provide accessible reading material, train teachers, and include disability representatives in university bodies for visually impaired students. The University resp…

The petitioners, teachers with B.Ed. (Special) and D.Ed. (Special) qualifications, sought a mandamus directing the Union and State governments to appoint regular special teachers for children with special needs (CwSN) in accordance with a 1:5 pupil‑teacher ratio. The Court examined the interplay of the Right of Childre…

The Assam Public Service Commission advertised a combined competitive examination with a reservation of 3% for physically disabled candidates. Respondent No.1, a physically disabled applicant, applied under the original advertisement but did not submit the required disability certificate by the stipulated deadline, nor…

The case concerned a 19‑20‑year‑old woman with mild to moderate mental retardation, an orphan residing in a government welfare home, who became pregnant around the 19th week of gestation after an alleged rape. The Chandigarh Administration sought the High Court’s approval to terminate the pregnancy, invoking the Medica…

The State of Kerala appointed Leesamma Joseph on compassionate grounds despite her 55% locomotor disability and later denied her promotion benefits under the Persons with Disabilities Act, 1995. The respondent claimed that sections 32, 33 and 47 of the 1995 Act guarantee reservation in promotion for persons with disabi…

The petitioner, a physically disabled Scheduled Caste officer, claimed that he was denied his statutory 3% reservation under Section 33 of the Persons with Disabilities Act, 1995 in the short‑listing process for selection to the Indian Administrative Service (IAS) under the Appointment by Selection Regulations, 1997. H…

The husband filed for divorce under Sections 12(1)(b) and 13(1)(iii) of the Hindu Marriage Act, seeking a court order that his wife undergo a medical examination to determine unsoundness of mind. The District Judge ordered the examination, the High Court dismissed the revision, and the wife appealed to the Supreme Cour…

The Sunanda Bhandare Foundation filed a writ petition seeking enforcement of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, specifically the 1% reservation for visually disabled persons in university teaching posts under Section 33, and a declaration that den…

Dileep Kumar Singh, a CRPF Assistant Commandant, suffered a permanent spinal injury while on duty and was medically declared 100% incapacitated. He was subsequently relieved from service in July 2011 and challenged the relief under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Partic…

The appellant, Sergeant Chaman Lal, a disabled airman classified as medical category A4G4 (P), claimed that he was discriminated against in promotion to Junior Warrant Officer because officers with higher disability percentages were promoted. He relied on Section 47 of the Persons with Disabilities Act, 1995, arguing i…

The petitioners sought directions for the Union, State Governments and Union Territories to comply with the Supreme Court's earlier orders on the Persons with Disabilities Act, 1995, noting that the Act had been repealed and replaced by the Rights of Persons with Disabilities Act, 2016. The Court examined the legislati…

The appeals challenged High Court orders that had granted physically‑handicapped candidates belonging to the OBC category three additional attempts in the Civil Services Examination, on the ground that the Government’s policy of increasing attempts for physically‑handicapped candidates of the General category from four…

The appellant, a practicing advocate, applied for the post of Civil Judge (Junior Division) under the partially blind category, submitting a disability certificate showing 70% visual impairment. The Tamil Nadu Public Service Commission (TNPC) had issued a notification, based on a State Government order consulted with t…

Vinesh Kumar Bhasin, a retired officer of State Bank of Patiala, applied for relief under the bank's Exit Option Scheme three days before his statutory retirement and was denied. Claiming disability from a road accident, he alleged discrimination and lodged complaints with the Commissioner and Chief Commissioner for Pe…

Ravi Agrawal filed a writ petition seeking retrospective application of the Finance Act, 2022 amendment to section 80DD of the Income Tax Act, which allows a subscriber to discontinue payments to a Jeevan Adhar scheme upon attaining the age of 60 and to use the accumulated benefit. He argued that the amendment should a…

Sudarshan Rajpoot, a driver employed permanently by the Uttar Pradesh State Road Transport Corporation, suffered grievous injuries in a vehicle accident caused by a mechanical defect. The corporation struck his name off the contract roll, alleging negligent driving, and terminated his services without complying with st…

The appellant, a 25‑year‑old roadside cheese vendor, suffered fractures in a motor accident and claimed compensation for loss of future earnings. The Motor Accident Claims Tribunal awarded a modest sum, basing the claimant's monthly income on the minimum wage and deducting one‑third for personal expenses, while treatin…

The appellant, an Assistant Commandant in the CRPF, was subjected to multiple disciplinary enquiries after a complaint alleged that he made threatening statements and exhibited misconduct. He was later diagnosed with a permanent mental disability (40‑70%) and classified as unfit for duty. The appellant challenged the d…

The Supreme Court entertained a writ petition under Article 32 filed by Javed Abidi seeking full implementation of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The petitioner demanded that Indian Airlines provide aisle chairs, ambulifts, and a 50% fare conc…

The appellant, a 20‑year‑old data‑entry operator, lost his right hand in a motor‑vehicle accident and claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal assessed his disability at 89% but reduced it to 45% and used a monthly income of Rs 8,000, omitting a 50% addition for future…

Ms. Z, a 35‑year‑old destitute woman with mild mental retardation and HIV‑positive status, alleged that she had been raped and sought termination of her 18‑week pregnancy under the Medical Termination of Pregnancy Act, 1971. The government hospital failed to perform the termination, involving the appellant’s father and…

The appellant, a qualified electrical engineering graduate, was selected for the post of Assistant Engineer (Electrical) with Tamil Nadu Generation and Distribution Corporation (TANGEDCO) but was denied appointment after a medical examination revealed mild colour‑vision deficiency. The High Court had directed his appoi…

The petition, filed by a visually disabled individual, sought comprehensive accessibility measures for roads, transport, public buildings, airports, railways, websites and other public facilities. The Court held that the right to accessibility for persons with disabilities is a constitutional right under Articles 19(1)…

The Supreme Court heard a public‑interest writ filed by Disabled Rights Group seeking enforcement of reservation, accessibility and teaching‑facility provisions for persons with disabilities in higher education. The petitioners argued that institutions were not complying with the 3% reservation under the 1995 Disabilit…

The appellant, a candidate with a 44%/45% speech and language disability, qualified the NEET‑UG 2024 and applied for MBBS admission under the PwD quota. The Designated Disability Certification Centre declared him ineligible based on Appendix H‑1 of the 2019 MCI/NMC regulations, which barred persons with 40% or more dis…

The Supreme Court examined the recruitment process for the Punjab Superior Judicial Service conducted under the 2007 Rules, where candidates appeared for a written test and viva‑voce. The appellants, all General‑category candidates, claimed they were unfairly excluded after the merit list was altered post‑viva, and arg…

The Supreme Court considered a batch of cases concerning whether persons with disabilities (PWD) are entitled to reservation in promotion under the Persons with Disabilities Act, 1995. The petitioners argued that the 2005 Office Memorandum limiting reservation in promotion and the principle in Indra Sawhney v. Union of…

Bali Ram, a CRPF constable, was medically invalidated in 1998 after developing severe ophthalmic disability. He sought only a disability pension, but the Single Judge invoked Section 47 of the Persons with Disabilities Act, 1995 and ordered his reinstatement with full service benefits. The Union of India and other CRPF…

Kunal Singh, a constable in the Special Service Bureau, suffered a severe leg injury that led to amputation and was declared permanently incapacitated. The employer terminated his service, and the High Court dismissed his writ petition. Singh appealed, contending that under Section 47 of the Persons with Disabilities (…

The Deaf Employees Welfare Association and another association filed a writ petition under Article 32 seeking a mandamus directing the Central and State Governments to grant transport allowance to government employees with hearing impairment, on par with the allowance already given to blind and orthopaedically disabled…

The petitioners, a charitable trust and an individual, sought enforcement of the Rights of Persons with Disabilities (RPwD) Act, 2016 to improve conditions in state‑run care homes for persons with cognitive disabilities, citing overcrowding, inadequate health care, abuse and lack of education. The Court examined whethe…

Jeeja Ghosh, a person with cerebral palsy, was forcibly de‑boarded from a SpiceJet flight on 19 February 2012 despite having requested assistance only for her baggage. She alleged that the airline’s action violated the Persons with Disabilities Act, 1995, the Aircraft Rules, 1937, Civil Aviation Requirements (CAR) 2008…

The Banking Services Recruitment Board advertised for Probationary Officer posts requiring a graduate degree and age 21‑30. A visually‑impaired applicant, who satisfied both criteria, applied but her application was rejected on the ground that blind candidates were not recruited for the post. She filed a writ petition …

Sanjay Kumar Jain, a Group‑C employee of Indian Railways, qualified in the written test for promotion to Group‑B but was declared medically unfit (visually handicapped) and denied the viva voce test. He challenged the denial before the Central Administrative Tribunal, which held that refusing promotion on the basis of …

The appellant, BHAWANI PRASAD SONKAR, sought a compassionate appointment in the Indian Railways for himself after his father, a Guard Mail/Express, was medically de‑categorised and retired on 30 August 1999 without being offered alternative employment. The Railway Board had issued several circulars governing compassion…

The Union Government launched a rehabilitation scheme for disabled persons, establishing District Rehabilitation Centres in several states and employing workers on state pay scales. The workers filed petitions before the Central Administrative Tribunal (CAT) claiming they were Central Government employees and sought th…

The appellant, a seaman, was engaged on a foreign‑going vessel from 18 September 2009 to 18 June 2010 and was subsequently declared permanently unfit for sea service due to dilated cardiomyopathy. He claimed 100% disability compensation under clause 21 of the National Maritime Board Agreement, arguing that his heart co…

Mohan Soni, a cart puller, lost his left leg below the knee in a motor vehicle accident and claimed compensation under section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs.2,03,400, fixing his disability at 50% based on Schedule 1 of the Workmen's Compensation Act, 1923, and the Hi…

Devendra Kumar Pant, a senior research assistant, was promoted to Chief Research Assistant on the condition that he obtain a B‑1 medical fitness certificate, which required colour perception. Pant, already cleared in the lower 82 category (which does not require colour perception), was denied promotion because he could…

Shyam Narayan Chouksey filed a writ petition under Article 32 seeking directions to ensure public respect for the National Anthem, including a mandatory requirement that all cinema halls play the anthem before feature films and that audiences stand. The Supreme Court’s interim order of 30 November 2016 imposed such dir…

The petitioners filed a writ petition alleging deplorable conditions at Asha Kiran Home, a Delhi Government-run facility for persons with disabilities, and suggested remedial measures. The Delhi High Court directed a joint meeting, accepted the Government's report of actions taken, and disposed of the petition without …

The petition was filed by Rajive Raturi, a visually‑challenged activist, seeking directions to ensure meaningful access to public spaces for persons with disabilities under the RPWD Act. The Supreme Court had earlier issued eleven action points in 2017, but States and Union Territories showed slow compliance, leading t…

The National Federation of the Blind filed a writ petition seeking enforcement of Section 33 of the Persons with Disabilities Act, 1995, alleging that the Union failed to provide the mandated 3% reservation for persons with disabilities, especially the blind and low‑vision categories. The High Court directed modificati…

The respondent, B. Banerjee, a diesel driver medically decategorised in 2005, was posted as a Crew Controller performing permanent stationary duties. He claimed entitlement to the allowance in lieu of kilometreage (ALK) under the Railway Running Allowance Rules, 1981, arguing that his prior status as running staff prot…

A tragic fire at a mental asylum in Ervadi, Tamil Nadu, killed 25 chained patients, prompting the Supreme Court to take suo motu action under Article 32. The Court examined the failure of the Central and State governments to implement the Mental Health Act, 1987 and related disability statutes, noting that chaining of …

The respondent, a physically handicapped employee of BSNL, had opted for the Telecom Operating Assistant (TOA) cadre after a 1992 restructuring and later applied for promotion under the physically handicapped reservation quota. His claim was rejected, and the Chief Commissioner, exercising powers under Section 59 of th…

Saul Chaturvedi filed a public interest writ petition under Article 32 alleging that several State Governments and local authorities had failed to implement Section 43 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which mandates preferential allotment of …

Bhagwan Dass, a Class IV lineman of the Punjab State Electricity Board, became completely blind while in service. He wrote a letter explaining his absence and requesting retirement, also asking that his wife be employed in his place. The Board interpreted the letter as a voluntary retirement request and terminated his …

The appellants obtained disability certificates from a Medical Board under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996 and were selected for a BTC training course reserved for physically handicapped candidates. A complaint by the Bhartiya Viklang Sangh al…

The appellant, a primary school teacher, was dismissed in 2004 under Section 24 of the Gujarat Primary Education Act for alleged absenteeism and misconduct. She suffered a 40‑70% mental disability at the time of dismissal and filed a complaint under Section 62 of the Persons with Disabilities (Equal Opportunities, Prot…

The appellant, a permanently locomotor‑disabled electrician employed by Himachal Pradesh State Electricity Board since 1985, was scheduled to retire on 30 September 2018 at age 58. An Office Memorandum dated 29 March 2013 had extended the superannuation age to 60 years for physically disabled employees, but only for th…

The Supreme Court examined whether visually impaired candidates are suitable for judicial service and whether recent amendments to the Madhya Pradesh Judicial Service Rules (Rule 6A and the proviso to Rule 7) violated constitutional equality and the Rights of Persons with Disabilities Act, 2016. The Court held that vis…

The State of Uttar Pradesh issued a Government Order (G.O.) on 7 May 1999 identifying certain posts for reservation for persons with disabilities, reserving some posts for hearing‑impaired candidates but not for those with locomotor disability. In a recruitment for 1,651 Safai‑Karmis posts, three percent of vacancies w…

The appellant, a 60% hearing‑impaired candidate, secured the first merit for a Group ‘D’ non‑teaching post in a West Bengal school and was appointed, but the second‑ranked respondent challenged the appointment on the ground that the appellant had exceeded the prescribed upper age limit. The appellant claimed entitlemen…

The appellant, Neerupam Mohan Mathur, lost his right hand in a bus‑truck collision caused by the negligent driver of a chartered bus. He claimed compensation under Section 110‑A of the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal awarded Rs.3,20,000. The Punjab & Haryana High Court enhanced the awar…