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Rights of Persons with Disabilities Act, 2016

57 judgments · newest first · showing 1–57

TUKARAM NARAYAN KINIversusTHE STATE OF MAHARASHTRA AND ANOTHER

DISMISSED

The High Court considered a bail application filed by Tukaram Narayan Kini, who was arrested for alleged sexual assault of a 13‑year‑old deaf‑and‑dumb girl in Latur. The prosecution presented the victim’s recorded statement, an injury certificate, a disability certificate, and corroborative …

SAKHARAM SHRIKISAN SHINDE AND ANOTHERversusTHE STATE OF MAHARASHTRA AND ANOTHER

APPLICATION ALLOWED

The applicants, brothers Sakharam and Tukaram Shinde, sought quashment of an FIR and pending criminal case arising from a land‑partition dispute with the complainant, Sanjay Shinde, who alleged assault on him despite his disability. The court noted an unexplained delay of over a year in filing the …

SUBHASH MAHADEV NAIKversusSINDHUDURG ZILLA PARISHAD AND ANR.

Disposed Off

Subhash Mahadev Naik filed a writ petition seeking the release of his gratuity and pension from Sindhudurg Zilla Parishad, challenging an order dated 30‑06‑1999 that had quashed his retirement benefits. The Court examined the legality of that impugned order and the petitioner’s entitlement under …

PINTOO SARJU GAUTAMversusSTATE OF MAHARASHTRA AND ANR

Disposed Off

The High Court considered a bail application under Section 439 of the CrPC filed by Pintoo Sarju Gautam, accused of offences including murder, kidnapping, and sexual assault against a 16‑year‑old deaf boy. The prosecution’s case relied solely on a “last seen” theory, with no direct or circumstantial …

SARITA PANDEYversusSTATE OF U.P. AND 3 OTHERS

Sarita Pandey, appointed on a one‑year contractual basis in 2010 as District Social Audit Coordinator, continued in the post for about 15 years and later developed visual impairment. After the contract expired on 01‑04‑2026, the authorities did not grant her an extension, unlike similarly situated …

Md. Sarwar AliversusThe State of Bihar

DISMISSED

Md. Sarwar Ali, an orthopedically handicapped candidate with 60% disability, applied for the post of Trade Instructor under the handicapped quota in the Bihar Technical Service Commission's advertisement No. 50/2023. He was not selected because his marks (30.7144) were below the cut‑off (35.2400) …

Shashi Bhushan KumarversusThe State of Bihar

DISMISSED

The petitioner, a physically handicapped candidate, applied for the post of Junior Engineer under the 40 % disability reservation in the Bihar Technical Service Commission’s 2019 recruitment. He claimed a 42 % disability as per his certificate, but the Commission’s medical board assessed his …

RAVINDRA KUMAR BARKHIYAversusCHAIRMAN AND MANAGING DIRECTOR

The petitioner, a Scientific Officer/D at the Narora Atomic Power Station, suffers from chronic liver disease and sought a transfer from Bulandshahr to the QA Office in Noida to facilitate easier access to medical treatment. The employer rejected the request, stating that the Noida post is …

Dr. Chinmay PrakashversusThe State of Bihar

DISPOSED

Dr. Chinmay Prakash filed earlier writ petitions which were withdrawn with liberty to approach the concerned authority. He subsequently filed the present petition seeking strict implementation of Section 34 of the Rights of Persons with Disabilities Act, 2016, relying on a representation made to the …

Prakash KumarversusThe State of Bihar

DISMISSED

A batch of disabled‑quota candidates domiciled in Bihar applied for teacher posts under Advertisement No. 22/2024 and were denied the 4 % horizontal reservation, which was instead granted to similarly disabled candidates from outside Bihar. The petitioners sought a writ to quash the result and to …

SUJATA BORAversusCOAL INDIA LIMITED & ORS.

2026 INSC 53Disposed off

The appellant, Sujata Bora, applied for a Management Trainee position at Coal India Limited (CIL) in 2019 under the Visually Handicapped category and qualified for the interview. She was later declared unfit during the Initial Medical Examination because she also had residuary partial hemiparesis, …

MISSION ACCESSIBILITYversusUNION OF INDIA & ORS.

2025 INSC 1376Disposed off

Mission Accessibility, a disability‑rights organization, filed a writ petition seeking modification of the scribe‑registration timeline for the Civil Services Examination and the introduction of laptops with screen‑reader software and accessible digital question papers for visually‑impaired …

REENA BANERJEE AND ANOTHERversusGOVERNMENT OF NCT OF DELHI AND OTHERS

2025 INSC 1101Directions issued

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 …

VASANTA SAMPAT DUPAREversusUNION OF INDIA & ORS.

2025 INSC 1043Case Allowed

The petitioner, Vasanta Sampat Dupare, was convicted of rape and murder of a four‑year‑old girl and sentenced to death, a sentence that was affirmed on appeal, reviewed, and followed by rejected mercy petitions. He filed a writ petition under Article 32 seeking a fresh sentencing hearing in …

L. MURUGANANTHAMversusSTATE OF TAMIL NADU & OTHERS

2025 INSC 844Directions issued

L. Muruganantham, a person with Becker Muscular Dystrophy and autism, was arrested on a false complaint and detained in Central Prison, Coimbatore. He alleged that the prison failed to provide adequate medical care, nutrition, and disability‑friendly facilities, leading to a deterioration of his …

KABIR PAHARIAversusNATIONAL MEDICAL COMMISSION AND OTHERS

2025 INSC 623Appeal(s) allowed

The appellant, a Scheduled Caste candidate with benchmark disabilities, secured a high rank in the NEET‑UG 2024 examination and applied for admission to the MBBS UG course at AIIMS, New Delhi under the SC‑PwBD quota. The Vardhman Mahavir Medical College’s disability certification board deemed him …

PRAGYA PRASUN & ORS.versusUNION OF INDIA & ORS.

2025 INSC 599Disposed off

The petitioners, including acid‑attack survivors with facial disfigurements and a blind individual, challenged the mandatory digital KYC/e‑KYC/video‑KYC procedures for being inaccessible and discriminatory. They argued that requirements such as capturing a live photograph and performing a liveness …

KASHMIRI LAL SHARMAversusHIMACHAL PRADESH STATE ELECTRICITY BOARD LTD. & ANR.

2025 INSC 472Case Partly allowed

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 …

IN RE: RECRUITMENT OF VISUALLY IMPAIRED IN JUDICIAL SERVICES versus

2025 INSC 300Disposed off

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 …

ANMOLversusUNION OF INDIA & ORS.

2025 INSC 256Appeal(s) allowed

Anmol, a candidate with 58% multiple disabilities, secured a rank of 2462 in the NEET‑UG 2024 PwD category but was denied admission to an MBBS course by the Disability Assessment Board, which relied solely on quantified disability and the "both hands intact" clause in Appendix H‑1 of the 2019 NMC …

GULSHAN KUMARversusINSTITUTE OF BANKING PERSONNEL SELECTION & ORS.

2025 INSC 142Disposed off

The petitioner, a 25% permanently disabled candidate with focal hand dystonia, sought a scribe, compensatory time and other accommodations for various recruitment examinations, arguing that the Office Memorandum dated 10.08.2022 limited such facilities to only Persons with Benchmark Disabilities …

RAJIVE RATURIversusUNION OF INDIA & ORS.

2024 INSC 858Directions issued

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 …

OM RATHODversusTHE DIRECTOR GENERAL OF HEALTH SERVICES & ORS.

2024 INSC 836Appeal(s) allowed

The appellant, Om Rathod, a student with lower‑limb myopathy, secured a high All‑India PwD rank in the NEET‑UG 2024 exam but was declared ineligible for MBBS admission by the AIIMS‑Nagpur Medical Board, which assessed his disability at 88%—above the 80% ceiling in the RPWD guidelines. The High Court …

OMKAR RAMCHANDRA GONDversusTHE UNION OF INDIA & ORS.

2024 INSC 775Appeal(s) allowed

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 …

REKHA SHARMAversusTHE RAJASTHAN HIGH COURT, JODHPUR & ANR.

2024 INSC 615Dismissed

The Rajasthan High Court advertised 120 vacancies for Civil Judges and published cut‑off marks for each category except the Persons with benchmark disabilities. Appellants Rekha Sharma (40% visual disability) and Ratan Lal (55% locomotor disability) applied under the disabled category, appeared for …

RAVI AGRAWALversusUNION OF INDIA & ANOTHER

2024 INSC 648Disposed off

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 …

NIPUN MALHOTRAversusSONY PICTURES FILMS INDIA PRIVATE LIMITED & ORS.

2024 INSC 465Disposed off

The appellant, a person with arthrogryposis, challenged the portrayal of persons with disabilities in the film ‘Aankh Micholi’, alleging violations of the Rights of Persons with Disabilities Act, 2016 (RPwD Act) and the Cinematograph Act, 1952. He sought the inclusion of disability experts on the …

MOHAMED IBRAHIMversusTHE CHAIRMAN & MANAGING DIRECTOR & ORS.

2023 INSC 914Appeal(s) allowed

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 …

XversusM/S SHAPOORJI PALLONJI AND COMPANY PVT. LTD. & ORS.

2023 INSC 919Disposed off

The petitioner, a 27‑year‑old mother of two, filed a writ petition under Article 32 seeking a medical termination of her pregnancy after discovering she was about 24 weeks pregnant, citing postpartum depression and financial constraints. The Court initially ordered termination, but a doctor from the …

RESERVE BANK OF INDIA & ORS.versusA.K. NAIR & ORS.

2023 INSC 613Disposed off

A.K. Nair, a Reserve Bank of India employee with 50% post‑polio disability, failed to obtain the required 95 marks in the 2003 All India Merit Test for promotion to Assistant Manager by three marks. He sought condonation of the shortfall and reservation in promotion under the Persons with …

ARNAB ROYversusCONSORTIUM OF NATIONAL LAW UNIVERSITIES & ANR.

2023 INSC 261Disposed off

The petitioner, a disability‑rights activist, challenged the conditions imposed by the Consortium of National Law Universities for the Common Law Admission Test (CLAT) 2023, specifically the rules governing the use of scribes for persons with disabilities (PwD). He argued that the late issuance of …

XversusTHE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT & ANR.

2022 INSC 740Directions issued

The petitioner, an unmarried woman residing in Delhi, discovered she was 22 weeks pregnant after a consensual relationship ended and she lacked livelihood to raise a child. She filed a writ petition seeking permission to terminate the pregnancy under Section 3(2)(b) of the Medical Termination of …

NIMS UNIVERSITYversusUNION OF INDIA AND OTHERS

2022 INSC 537Disposed off

NIMS University and other petitioners filed a writ petition under Article 32 seeking a reduction in the eligibility percentile for admission to NEET Super Specialty courses and a mop‑up counselling round to fill 940 vacant seats. The Union of India, Ministry of Health and Family Welfare, and other …

SK NAUSAD RAHAMAN & ORSversusUNION OF INDIA AND ORS

2022 INSC 287Disposed off

The petitioners, inspectors under the Central Excise and Customs cadre, challenged a circular dated 20 September 2018 that barred Inter‑Commissionerate Transfers (ICTs) after the 2016 Recruitment Rules came into force, alleging violations of Articles 14, 15, 16 and 21 of the Constitution and the …

RAVINDER KUMAR DHARIWAL & ANR.versusTHE UNION OF INDIA & ORS.

2021 INSC 916Appeal(s) allowed

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 …

AVNI PRAKASHversusNATIONAL TESTING AGENCY (NTA) & ORS

2021 INSC 781Disposed off

The appellant, a student with dysgraphia (a specified disability of 40 % under the RPwD Act), appeared for the NEET (UG) 2021 and was denied the one‑hour compensatory time mandated for persons with disability. The designated examination centre collected her answer sheet after the regular three‑hour …

G H RAJNEESH KUMAR PANDEY & ORS.versusUNION OF INDIA & ORS.

2021 INSC 689Directions issued

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 STATE OF KERALA & ORS.versusLEESAMMA JOSEPH

2021 INSC 309Dismissed

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 …

RACHNA & ORS.versusUNION OF INDIA & ANR.

2021 INSC 116Dismissed

The petitioners, who had taken their last permissible attempt at the UPSC Civil Services Preliminary Examination 2020, claimed that the Covid‑19 pandemic prevented them from effectively preparing and therefore sought a mandamus directing the Union of India to grant them an additional attempt. The …

VIKASH KUMARversusUNION PUBLIC SERVICE COMMISSION & ORS.

2021 INSC 78Appeal(s) allowed

The appellant, a medical graduate suffering from writer's cramp (dysgraphia), applied for a scribe in the 2018 Civil Services Examination (CSE) but was denied because the UPSC said only candidates with benchmark disabilities (≥40% impairment) were eligible. The appellant challenged the denial before …

NAWAL KISHORE SHARMAversusUNION OF INDIA AND ORS.

2021 INSC 73Dismissed

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, …

V. SURENDRA MOHANversusSTATE OF TAMIL NADU & ORS.

2019 INSC 75Dismissed

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 …

PANKAJ SINHAversusUNION OF INDIA AND OTHERS

2018 INSC 819Disposed off

Pankaj Sinha filed a writ petition under Article 32 seeking comprehensive measures for leprosy‑affected persons, including periodic national surveys, free multi‑drug therapy, awareness campaigns, non‑discriminatory treatment, education, rehabilitation and disability certification. The Court examined …

TAMIL NADU MEDICAL OFFICERS’ ASSOCIATION & ORS.versusUNION OF INDIA & ORS.

2018 INSC 332Matter referred to larger bench

The Tamil Nadu Medical Officers’ Association challenged the amendment to Regulation 9(4) and (8) of the Post‑Graduate Medical Education Regulations, 2000, which allowed reservation of 50% of state‑quota seats for in‑service medical officers. The petitioners argued that such reservation exceeded the …

SHYAM NARAYAN CHOUKSEYversusUNION OF INDIA & OTHERS

2018 INSC 14Disposed off

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 …

RAJIVE RATURIversusUNION OF INDIA AND ORS.

2017 INSC 1243Disposed off

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 …

DISABLED RIGHTS GROUP & ANR.versusUNION OF INDIA & ORS.

2017 INSC 1244Directions issued

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 …

MS. EERA THROUGH DR. MANJULA KRIPPENDORFversusSTATE (GOVT. OF NCT OF DELHI) & ANR.

2017 INSC 658Disposed off

The appeal concerned the interpretation of Section 2(d) of the Protection of Children from Sexual Offences (POCSO) Act, 2012, where the appellant, a mentally retarded adult, argued that "age" should include mental age so that she could be treated as a child. The Court examined the POCSO Act's …

JUSTICE SUNANDA BHANDARE FOUNDATIONversusUNION OF INDIA AND ANOTHER

2017 INSC 1284Hearing Adjourned

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 …