E.HARIHARAN vs UNION OF INDIA

2026:MHC:926
W.P.No.26303 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 03.11.2025
DELIVERED ON : 05.03.2026
CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA,
CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
WP No.26303 of 2025
and WMP No.29608 of 2025
E.Hariharan
S/o.K.Elango,
No.2/19, Arasalakudi Bothanur Post,
Tharangambadi Taluk,
Mayiladuthurai.
.. Petitioner
Vs
1. Union of India
Rep. by Union Territory of Puducherry,
Through its Special Secretary (Revenue)
cum District Collector
Department of Revenue and
Disaster Management, I Floor,
New Revenue Complex Vazhudavoor Road,
Puducherry-605 009.
2.The Tahsildar cum Executive Magistrate
Thaluk Office, Muthialpet,
Puducherry-605 004.
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W.P.No.26303 of 2025
3.The Tahsildar/ Deputy Tahsildar
Thaluk Office, Muthiapet,
Puducherry-605 004.
4.The Superintending Engineer-cum-
Head of Department,
Electricity Department,
Government of Puducherry,
137, N.S.C. Bose Road,
Puducherry-605 001.
.. Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing respondents 1 to
3 to issue Nativity and Community Certificates within two weeks to
the petitioner based on the G.O.Ms.No.48 dated 12.12.2002 and,
consequently, direct respondent No.4 to act on such certificates for
the purpose of his appointment as Junior Engineer.
For Petitioner(s): Ms.R.Vaigai,
Senior Counsel
For M/s.S.Meenakshi
For Respondent(s): Mr.V.Vasanthakumar,
Additional Government Pleader
(Puducherry)
ORDER
THE CHIEF JUSTICE
The right to access to justice and right to equality and equal
treatment claimed by a person with disability are ingrained in the
basic human rights, in addition to it being recognized under the
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W.P.No.26303 of 2025
Constitution of India and given effect to by the law makers by
enacting the Rights of Persons with Disabilities Act, 2016 [for
brevity, “ the Act ”]. However, those principles enshrined in texts, at
times, find difficult to be operated on ground realities majorly
because of attitudinal behaviour and approach which lacks
sensitivity, in utter disregard to right to equality.
2. The petitioner seeks issuance of a writ of mandamus to
direct respondents 1 to 3 to issue Nativity and Community
Certificates within two weeks to the petitioner based on the
G.O.Ms.No.48 dated 12.12.2002 and, consequently, direct
respondent No.4 to act on such certificates for the purpose of his
appointment as Junior Engineer.
3.1. A recount of the facts, in a nutshell, runs thus: The
petitioner is a physically challenged person and was selected for
appointment as a Junior Engineer in the Electricity Department in
Puducherry. Though the petitioner was born and bred in
Puducherry, the nativity certificate has been denied to him for the
sole reason that after his mother’s death during Covid, as there was
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W.P.No.26303 of 2025
no one to help him in Puducherry, the petitioner went to stay with
his sister and relatives in Arasalankudi Village, which is nearer to
the border of Karaikal.
3.2. The asseverations are to the effect that the petitioner was
born in Puducherry on 04.10.1992 and pursued his school education
in Puducherry, followed by B.Tech in Electrical and Electronics
Engineering from Pondicherry Engineering College, Puducherry. The
Deputy Tahsildhar, Thaluk Office Olugeret, Puducherry, had already
issued a community certificate dated 28.08.2007 certifying that the
petitioner belongs to Thuluva Vellela community and the
Government of Puducherry, Department of Revenue and Disaster
Management, Thaluk Office, Oulgaret, had issued certificate dated
15.12.2007 certifying that the petitioner is an Indian national and
resident of Union Territory of Puducherry.
3.3. According to the petitioner, he suffers from “ hereditary
sensory motor neuropathy ” and the Department of Orthopaedics,
Government General Hospital, Puducherry and District Centre for
Disability, D.S.W., Puducherry, has issued medical certificate dated
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W.P.No.26303 of 2025
09.12.2009 certifying that the petitioner falls under the category of
orthopaedically handicapped persons, fixing the extent of disability
at 40%. The petitioner was issued unique disability identity card by
the Government of India certifying locomotor disability at 40% and
is, forsooth, receiving monthly financial assistance under the Social
Welfare Department, Puducherry. Moreover, it is pleaded that all his
government issued identity proofs, namely Aadhar Card, Ration
Card, Pan card and Voter ID, would reflect that he is a native of
Puducherry.
3.4. It is asserted that the petitioner applied to the post of
Junior Engineer (Electrical) and participated in the competitive
exam. He secured 65.50 marks and was provisionally selected for
the said post under the OBC category, subject to verification of
original certificates issued by the competent authorities.
Subsequently, the fourth respondent herein called upon the
petitioner to appear for certificate verification and required the
petitioner to produce Nativity/Residence Certificate and Community
Certificate issued within one year from the date of the results of
selection.
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W.P.No.26303 of 2025
3.5. It is stated that the petitioner immediately applied to the
third respondent for issuance of nativity certificate and community
certificate. The third respondent issued “Previous Residence Report”
dated 23.06.2025 stating that the petitioner earlier resided at
No.255, M.G.Road, Muthialpet, Puducherry, from the year 2001 to
2004, and later shifted the residence to some other Revenue
Village. Likewise, the second respondent issued “Previous
Residence Report” dated 20.06.2025 stating that petitioner resided
within the said revenue village from 2005 to 2021 and later shifted
to some other place.
3.6. It is the case of the petitioner that he had secured 65.50
marks in the selection conducted by the fourth Respondent, but
since respondents 1 to 3 have denied him the Nativity and
Community certificates showing reason of his temporary stay out of
Puducherry, the petitioner is unable receive his appointment order.
Hence, this writ petition.
4.1. Ms.R.Vaigai, learned Senior Counsel appearing on behalf
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W.P.No.26303 of 2025
of the petitioner, submits that denying issuance of nativity and
community certificate on the ground that petitioner is temporarily
stationed outside Puducherry runs athwart G.O.Ms.No.48, dated
12.12.2002, in as much as the said government order clearly states
that nativity certificate may be issued solely on the basis of proof of
birth within the jurisdiction of Puducherry.
4.2. It is further submitted that a learned Single Judge of this
1
Court in M.Malarvizhy v. Union of India has held that nativity
certificate and residence certificate are different and not
interchangeable and a person who is born in Puducherry could claim
Nativity Certificate, even if he is not residing in Puducherry
continuously for a period of five years, provided it is established by
the applicant that he has intention to return to Puducherry. She
hastened to add that, in the instant case, all the government issued
identity cards in favour of the petitioner demonstrate his native as
Puducherry.
4.3. Referring to the United Nations Convention on the Rights
1
Order dated 6.7.2022 in W.P.No.6488 of 2016
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W.P.No.26303 of 2025
of Persons with Disabilities, it is submitted that though the said
convention insists to promote, protect and ensure the full and equal
enjoyment of human rights and fundamental freedoms by all
persons with disabilities and to promote respect for their inherent
dignity, the authorities, on technical grounds, are rejecting the
request of the petitioner.
4.4. It is further submitted that the object behind the Act was
to, inter alia , ensure full participation and equality of the people
with disabilities and to make sure that they enjoy various rights,
such as right to equality, life with dignity and to enumerate the
duties and responsibilities of the government. It is added that the
purpose of the Act is to remove all barriers and discriminations that
disempower the disabled persons to achieve equality. Accentuating
the provision of the Act which mandates the Government to provide
“reasonable accommodation” to the disabled persons in the matter
of employment, education and other opportunities, it is submitted
that the act of the Government, in the case on hand, runs afoul of
the provisions of the Act.
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4.5. In support of the submissions, reliance has been placed
by learned Senior Counsel on various decisions of the Supreme
Court, this Court and the Rajasthan High Court, which shall be dealt
with infra.
5.1. Confuting the aforesaid arguments, Mr.V.Vasanthakumar,
learned Additional Government Pleader appearing on behalf of the
respondents, submitted that, on field enquiry, it is was found that
the petitioner is not living in Karaikal District of Puducherry, but in
Arasalakudi, Mayiladuthurai District in Tamil Nadu, where his father
owns lands and is involved in agricultural activities. Therefore, the
submission of the petitioner that the shifting of abode is a stopgap
arrangement is out of place.
5.2. It is submitted that, even as per the government order
dated 12.12.2002, nativity by birth is applicable to individuals who
were born in Puducherry and are residing there till date; and in case
of nativity by continuous residence, the candidate should be an
ordinary resident of Puducherry five years prior to the date of
application, but the petitioner does not satisfy either condition.
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5.3. The next plank of the argument is that the petitioner
applied for the post under the Special Category of Persons with
Benchmark Disability and was provisionally selected along with
three others, but the Medical Board, on examining the petitioner,
vide letter dated 25.7.2025, opined that the petitioner is not eligible
for the post of Engineer (Electrical) in the Electricity Department,
Puducherry as per Orthopaedicial/Neurologist's opinion. The case of
the petitioner does not fall within the categories of disability
stipulated in the recruitment notification and, therefore, the
petitioner is not eligible for the post of Junior Engineer (Electrical).
6.1. Refuting the aforesaid submission made by learned
counsel for the respondents, learned Senior Counsel for the
petitioner submitted that, in fact, the petitioner and his father cast
their vote in the Lok Sabha Election, 2024 in Puducherry and no
further explanation is required to justify his intention to return to
Puducherry.
6.2. It is further submitted that the petitioner already worked
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W.P.No.26303 of 2025
in a private company as Electrical Supervisor for over four years
and the post of Junior Engineer, which is a managerial post, does
not require manual work and, on the ground of his disability, the
Medical Board ought not to have opined that the petitioner is
medically unfit for the post. Moreover, the recruitment notification
only excludes Visually Handicapped persons and, therefore, holding
that the petitioner is ineligible for the said post is untenable and in
violation of Section 33 of the Act.
6.3. Learned Senior Counsel entreated this court to consider a
pivotal fact that the petitioner, while pursuing Engineering course,
partook in all practicals as well and placed on record a fact that the
fourth respondent issued certificate to the petitioner on his
satisfactory performance during in-plant training in special
maintenance and, in such circumstances, without holding any
functional test, determining the petitioner to be ineligible is
unsustainable.
7. The following seminal issues arise for consideration in this
case:
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W.P.No.26303 of 2025
(i) Whether respondents acted illegally and
arbitrarily in denying issuance of nativity certificate
to the petitioner? and
(ii) Whether rejection of petitioner’s candidature for
post of Junior Engineer (Electrical) on the ground of
medical unfitness is perverse, illegal and arbitrary?
DENIAL OF NATIVITY CERTIFICATE
8. According to the petitioner, he was born, bred and educated
in the Union Territory of Puducherry. It is not disputed that the
petitioner’s mother died due to Covid and he was left only with his
father, who was a farmer. The petitioner himself is a person with
disability. He suffers from disability of the nature described as
“ Hereditary Sensory Motor Neuropathy ”. The certificate of disability
issued by the competent authority has also been placed on record,
which has not been disputed by the respondents.
9. In the writ petition, the petitioner clearly stated that he was
born in Puducherry on 04.10.1992 and he belongs to Backward
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Community. The Puducherry Municipality issued a birth certificate
signed by the Registrar, registering the petitioner’s birth in
St.Joseph Hospital, Puducherry. Apart from schooling, the
petitioner completed his college education entirely in Puducherry.
The details of the educational institutions where he completed
school education as well as technical education are given in the writ
petition and the same are not disputed by the respondents. The
petitioner completed his Secondary School Education from Fathima
School, Puducherry and Higher Secondary Education from N.N.
Government Higher Secondary School, Puducherry. He completed
his B.Tech in Electrical and Electronics Engineering from Pondicherry
Engineering College, Puducherry in 2022-2023, followed by training
in Puducherry itself.
10. The community certificate issued in favour of the
petitioner on 28.08.2007 by the Deputy Tahsildar, Taluk Office,
Oulgaret, Puducherry, certifies that the petitioner belongs to
Thuluva Vellela community. It was followed by issuance of
certificate dated 15.12.2007 by the Department of Revenue and
Disaster Management, Taluk Office, Puducherry, certifying that the
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W.P.No.26303 of 2025
petitioner is a resident of Union Territory of Puducherry.
11. The petitioner suffers from orthopaedic problems and the
disability of the nature described herein above. The Department of
Orthopaedics, Government General Hospital, Puducherry and
District Centre for Disability, D.S.W., Puducherry, has issued medical
certificate dated 09.12.2009 certifying that the petitioner falls under
the category of orthopaedically handicapped person, fixing the
extent of disability at 40%. The petitioner has also been issued
unique disability identity card by the Government of India certifying
locomotor disability at 40%. Not only this, the other admitted
position is that the petitioner has been receiving monthly financial
assistance from the Social Welfare Department, Puducherry.
12. The categoric and emphatic statement made in the
petition along with supportive documentary evidence makes it an
admitted position on record that the government has issued identity
proofs, namely Aadhar Card, Ration Card, Pan Card and Voter ID,
which reflect that the petitioner is a native of Puducherry.
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W.P.No.26303 of 2025
13. It is extremely relevant to mention, as an admitted factual
position on record, that the petitioner as well as his father
continued to be recorded as voters of the Union Territory of
Puducherry and they have also cast their vote in the last Lok Sabha
election from that constituency.
14. Another vital asseveration in the petition, which is not
rebutted by the respondents, pertains to the compelling
circumstances which necessitated the petitioner along with his
father to reside in Arasalankudi Village, nearby his sister’s house,
though unwillingly and without any intention of giving up nativity of
Puducherry. It is stated that the petitioner’s mother died on
29.05.2021 due to acute respiratory distress caused by Covid
Pneumonia in Puducherry and since his father, who is aged 76, also
suffered from Covid and became debilitated, the petitioner, being a
person with disability, was unable to continue habitation in
Puducherry without much help. The petitioner and his father were
struggling for their livelihood, as there was no one to care during
and after the Covid period in Puducherry.
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15. It is stated that in these compelling circumstances and to
cope with the difficult situation, as a temporary measure, in the
year 2021, the petitioner and his father had to move to the house
of his sister and then to Arasalankudi Village, which is near to the
place where his sister and other relatives reside. This village is
located in the border of Nandalaru, Karaikal, but the fact remains
that the petitioner continued with his technical education in
Puducherry, followed by training also in Puducherry, and all his
certificates and other documents like Aadhar Card, Ration Card, Pan
Card and Voter ID, continue to reflect that the petitioner is a native
of Puducherry, which ostensibly depicts the intention of the
petitioner that he being born, bred and educated in Puducherry,
would always be looking to come back permanently and settle in
Puducherry.
16. The shifting of residence to a place nearby his sister’s
residence was only intended to cope with the emergent situation
arising out of the death of his mother during Covid, he being a
person with disability and his father being an aged person requiring
care and attention of some other family member.
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17. The petitioner and his father never applied for grant of
permanent resident certificate in the State of Tamil Nadu to draw an
inference that they intend to permanently settle in Tamil Nadu and
they have left the Union Territory of Puducherry for all times to
come, nor did they apply for change of address in the Aadhar Card,
Ration Card, Pan Card and Voter ID for availing any facility and
benefit from the State of Tamil Nadu.
18. The continued association, however, with the birth place
was more than mere indication of the willingness and intention of
the petitioner to permanently stay in Puducherry itself. That was the
reason why the petitioner continued with his technical education in
Puducherry, notwithstanding his temporary stay on the borders of
the Union Territory of Puducherry and the State of Tamil Nadu.

19. Besides that, at the very first available opportunity, as and
when an advertisement was issued inviting applications for direct
recruitment to the post of Junior Engineer (Electrical), the petitioner
immediately offered his candidature.
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20. On the basis of these overwhelming facts, circumstances
and various certificates, the petitioner applied for issuance of
Nativity Certificate.
21. At this stage, it is apposite to reproduce the government
policy issued vide G.O.Ms.No.48, dated 12.12.2002, wherein the
procedure for issuance of Nativity Certificate is detailed. It
postulates the criteria for determining the nativity into two kinds,
viz., nativity by birth and nativity by continuous residence. The
relevant part of the said government order is reproduced herein
below:
“(a) Nativity by birth: The applicant should have
been born in the Union Territory of Pondicherry and
should have been ordinarily residing within the Union
Territory prior to the date of application. In order to
satisfy the criterion of ‘Ordinarily resident’, the
person should have been staying either by himself or
with his family within the Union Territory of
Pondicherry continuously with a clear intention of
residing there permanently, but for temporary
absence from such place of residence for reasons of
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job or education, etc. As long as the applicant is able
to establish satisfactorily his intention to return to
his place of residence on the conclusion of such
temporary absence, he may be considered to be a
person ordinarily residing in the Union Territory.
(b) Nativity by continuous residence: The applicant
should have been residing continuously for five years
in the Union Territory prior to the date of the
application.”
22. It is more than clear from the aforesaid policy that the
claim of the petitioner was for nativity by birth. The expression
“ but for temporary absence from such place of residence for
reasons of job or education, etc. As long as the applicant is able to
establish satisfactorily his intention to return to his place of
residence on the conclusion of such temporary absence” clearly
manifests that merely because a person is residing temporarily at
another place, such person cannot be denied certificate of nativity
by birth without due and proper consideration of the background
compelling circumstances coupled with all other attending
circumstances.
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23. However, if we may say so, the authority denied the
Nativity Certificate in a most mechanical manner without taking into
consideration all attending circumstances and without taking into
account the spirit of the policy enunciated vide the Government
Order dated 12.12.2002. The only reason, as could be seen from
the previous residence certificate and reply, is that the petitioner for
some time was residing near his sister’s place along with his father
and is, therefore, not entitled to issuance of nativity certificate.
This finding of the respondents is not only perverse, mechanical and
arbitrary, but lacks sensitivity while dealing with an application of a
person suffering from disability.
24. All relevant circumstances and established facts narrated
in detail herein above, which are admitted position on record, were
conveniently ignored by the authorities resulting in petitioner being
made a victim of arbitrary and mechanical exercise. The reply of
the respondents and the submission that there was hardly any
material to draw an inference that the petitioner had any intention
to come back and stay permanently in Puducherry and that his stay
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W.P.No.26303 of 2025
with his sister was only temporary, perilously borders on perversity
and has to be rejected.
DENIAL OF APPOINTMENT ON THE GROUND
OF MEDICAL UNFITNESS
25. As we articulated in the introductory part of our order that
the principles enshrined in the Constitution in the texts find difficult
to be operated on the ground realities because of attitudinal
behaviour and approach which lacks sensitivity, scrutinizing the
material on record, the nature of duties and functions required to be
performed by the Junior Engineer (Electrical), and the cursory
manner in which the fitness of the petitioner has been judged by
the Medical Board, we are constrained to observe and are at pains
to say that the petitioner was not examined by the Medical Board in
concordance with the spirit of the constitutional mandate and
scheme of the Act and the entire process runs athwart the principle
of “reasonable accommodation” evolved by the Apex Court in a
series of judicial pronouncements.
26. A perusal of the recruitment notification clearly sets out
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W.P.No.26303 of 2025
that as many as three posts were reserved for persons with
benchmark disability. The recruitment notification also specifies the
categories of disability suitable for the post of Junior Engineer
(Electrical) for the category of persons with benchmark disability as
below:
Sl.No. Category of Disability
a. Deaf, Hard of Hearing
b. One Leg, Cerebral Palsy, Leprosy Cured, Dwarfism,
Acid Attack Victims, Spinal Deformity without any
Neurological/limb dysfunction (SD) and Spinal
Injury without any neurological/limb dysfunction
(SI)
c. Autism Speotrum Disorder (M=Mild)
Specific Learning Disability, Mental Illness
d. Multiple Disabilities (a) to (c) above
Note: The post of Junior Engineer (Electrical) is not
identified suitable for Visually Handicapped (VH) as
per Department of Empowerment of Persons with
Disabilities (Divyangjan) Notification dated
04/01/2021.
27. True it is that the petitioner could not claim benefit of
reservation against three reserved vacancies, because he was not
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included in the categories of disability for which reservation was
provided, but it is important to notice that persons suffering from
Cerebral Palsy/ Autism Speotrum Disorder / Mental Illness and
multiple disabilities of category (a) to (c) were entitled to
reservation. The notification also states that the post of Junior
Engineer (Electrical) is not identified suitable for visually
handicapped. Therefore, those who are not visually handicapped
and were not included in the categories specified in Clause (2) of
Part II of the recruitment notification were entitled to be considered
on the basis of their merit, provided they are otherwise found fit for
performing the duties and functions.
It is to be noted that the petitioner suffers from “ hereditary
sensory motor neuropathy ”, which was not included in the note,
reproduced supra, as a disability making the person unsuitable for
appointment to the post of Junior Engineer (Electrical).
28. The Medical Board, which examined the medical fitness of
the petitioner for the job, gave the following opinion:
“08/07/2025
- Both upper/lower limb/Chronic Neurological
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- It has applied for Certificate from Neurology
(Dr.Ravi)
- To include Neurologist in board
- Not eligible
Both Upper and lower limbs and Chronic Neurological
illness hence Not eligible 45%.
To get Neurologist Opinion
08/07/2025 U/B Neurologist
Patient is a known case of Hereditary Motor Sensory
Neuropathy - under the category of chronic
neurological condition. He has weakness of all four
limbs. He has 45% disability. He has permanent
disability.”
29. It appears that the petitioner was considered to be a case
of “ hereditary sensory motor neuropathy ”. It was stated that as
both upper and lower limbs suffer from chronic neurological illness,
the petitioner is not eligible. Based on such opinion, a certificate
was issued by the Medical Board stating that the petitioner is not
eligible for the post of Engineer (Electrical) in the Electricity
Department, Puducherry as per Orthopaedician/ Neurologist’s
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opinion. The certificate reads as below:
“CERTIFICATE
Certified that Thiru. E.Hariharan S/o Elango, No.9,
th
5 Street, Samipillai Thottam, Lawspet, Puducherry
has appeared before the Medical Board on
10.07.2025 and we, the members of the Medical
Board are of the opinion that he has Hereditary
motor Sensory Neuropathy with weakness of all four
limbs.
Medical Board Recommendation:
He is not eligible for the post of Engineer (Electrical)
in the Electricity Department, Puducherry as per
Orthopaedician / Neurologist’s opinion.”
29. Much deeper examination by the medical experts in the
Neurological Department, in concert with the departmental
authority, was required to be made to find out as to what
percentage of disability suffered by a person, as in the present
case, would render him medically unfit to perform the work of
Junior Engineer (Electrical).
30. It is the clear assertion of the petitioner, which has not
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been disputed by the respondents, that the petitioner, while
pursuing Engineering course, partook in all practicals as well. He
has placed on record the fact that the fourth respondent issued
certificate to the petitioner on his satisfactory performance during
in-plant training in special maintenance. The petitioner successfully
completed B.Tech (Electrical and Electronics Engineering). It is
common knowledge that the engineering courses include practical
examinations also. Therefore, the students studying B.Tech
(Electrical and Electronics Engineering) are required to deal with
various electrical equipment in their practical classes. Not only
that, they have to appear and pass the practical examinations,
apart from theory examinations. The fact that the petitioner
successfully completed B.Tech (Electrical and Electronics
Engineering) course clearly shows that even with the disability he is
suffering, he was able to deal with electrical and electronic
equipment. Had it not been so, the petitioner could not have
cleared the practical examinations. All through the engineering
course of more than four years, he had dealt with electrical and
electronic equipment.
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31. The categoric assertion made by the petitioner, which also
remained undisputed is that the petitioner worked as Electrical
Supervisor for over four years in a private company. Certainly, if
the petitioner was unable to discharge his duties as an Electrical
Engineer, which involves dealing with electrical equipment, he would
not have continued in a private job as Electrical Supervisor for
nearly four years.
32. All these aspects were not taken into consideration by the
authorities and the Medical Board acted in a most mechanical
manner declaring the petitioner medically unfit for the job, ignoring
that persons suffering with similar disabilities were declared suitable
under the advertisement itself against three posts reserved for
persons with benchmark disability.
33. It is apparent that the petitioner was declared medically
unfit owing to the reason that the reservation is provided for certain
specified category of persons with benchmark disability.
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34. There may be a situation where a person may be suffering
from a particular kind of disability which may not have been
classified for the purpose of reservation, but that may not
necessarily lead to a conclusion that a person suffering from
disability of a different kind would not be suitable for the job. The
person has to be medically examined independently. If he is found
medically fit, yet not included in the specified category of disability
for the purpose of reservation, he may still claim consideration of
his candidature against general category posts.
35. In the present case, the recruitment notification indicated
that visually handicapped persons are not suitable for employment
on the post of Junior Engineer (Electrical), for obvious reasons.
But, it did not include a person suffering from the nature of
disability of the petitioner as altogether unsuitable for employment.
It would depend on assessing the disability on a case to case basis,
particularly taking into consideration the nature and extent of
weakness of limbs due to “ hereditary sensory motor neuropathy ”. It
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W.P.No.26303 of 2025
is not that in all cases of chronic neurological illness, a person may
be unfit. In the instant case, the petitioner not only successfully
completed B.Tech (Electrical and Electronics Engineering), which
included practical examinations, but also worked for four years as
Electrical Supervisor, which provided an additional input as
functional test for medical fitness.
36. Though we are not experts in medical field, we have gone
through the article regarding Distant Hereditary Motor Neuropathy
(dHMN), Hereditary Motor/Sensory Neuropathy (HMSN) filed by the
petitioner. Amongst other things, the say of the experts is that
Hereditary Sensory Neuropathy and Hereditary Sensory and
Autonomic Neuropathy can produce mild, moderate, or severe
sensory loss without muscle weakness or atrophy. Therefore, a
proper medical examination was necessary to form an opinion with
reference to the nature of duties and functions required to be
performed in the post of Junior Engineer (Electrical) and not an
isolated examination limited to the nature of disability.
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37. India is party to international conventions. If we claim
to be a progressive society in the 21st Century, the old-age
practice of monotonous automation needs to be zealously
eschewed and has to be substituted by a proactive and positive
obligated attitude of all public functionaries and authorities in
dealing with persons with disabilities, more particularly, while
dealing with the cases of persons with disability, as to whether
they are medically fit to undertake a job/employment. Their
disability element is required to be judged with the assistive tools
and devices, if any, available for such kind of disabilities.
38. As an illustration, a person with high disability, which
otherwise would make him medically unfit, may lower down the
degree of disability with the help of assistive device. This kind of
affirmative action as part of positive obligation and proactive
attitude that required sensitivity is what is least expected, and
quite legitimately, by persons with disabilities in our society, who
are none other than our own brothers and sisters. Indeed, their
rights are our obligations.
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39. In the case of Union of India and another v. National
2
Federation of the Blind and others , the Apex Court emphasised
as to how employment is a key factor in the empowerment and
inclusion of people with disabilities. The relevant observations in
the said judgment are reproduced hereunder:
“50. Employment is a key factor in the empowerment
and inclusion of people with disabilities. It is an
alarming reality that the disabled people are out of job
not because their disability comes in the way of their
functioning rather it is social and practical barriers that
prevent them from joining the workforce. As a result,
many disabled people live in poverty and in deplorable
conditions. They are denied the right to make a useful
contribution to their own lives and to the lives of their
families and community.”
40. In Justice Sunanda Bhandare Foundation v. Union of
3
India and another , the Apex Court held thus:
“9. Be that as it may, the beneficial provisions of the
1995 Act cannot be allowed to remain only on paper
2
(2013) 10 SCC 772
3
(2014) 14 SCC 383
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for years and thereby defeating the very purpose of
such law and legislative policy. The Union, States,
Union Territories and all those upon whom obligation
has been cast under the 1995 Act have to effectively
implement it. As a matter of fact, the role of the
governments in the matter such as this has to be
proactive. In the matters of providing relief to those
who are differently abled, the approach and attitude of
the executive must be liberal and relief-oriented and
not obstructive or lethargic. A little concern for this
class who are differently abled can do wonders in their
life and help them stand on their own and not remain
on mercy of others. A welfare State, that India is, must
accord its best and special attention to a section of our
society which comprises of differently abled citizens.
This is true equality and effective conferment of equal
opportunity.”
41. India having ratified the United Nations Convention on the
Rights of Persons with Disabilities (UNCRPD) in 2007, also enacted
the Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995, which conferred several
rights and entitlements to the persons with disabilities. Over a
period of time, the conceptual understanding of the rights of
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W.P.No.26303 of 2025
persons with disabilities has become more clear and there has been
worldwide change in approach to handle the issues concerning the
persons with disabilities. In order to cope with the changing
situation, challenges and to make more effective the law, ensuring
non-discriminatory treatment and access to equality of justice,
based on recommendations of an Expert Committee, a more
comprehensive legislation was enacted by the legislature, namely,
the Rights of Persons with Disabilities Act, 2016. The Act seeks to
confer the persons with disabilities various rights such as right to
equality, life with dignity, respect for his or her integrity, etc. equally
with others. Apart from other progressive provisions, the Act, inter
alia, makes specific provisions with regard to duties and
responsibilities of the appropriate Government.
42. Section 2(c) of the Act defines “ barrier ” as under:
“(c) “barrier” means any factor including
communicational, cultural, economic,
environmental, institutional, political, social,
attitudinal or structural factors which hampers the
full and effective participation of persons with
disabilities in society”
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43. The word, “ discrimination ” has been given a very
comprehensive and wide meaning under Section 2( h ) of the Act as
below:
“(h) ‘discrimination’ in relation to disability, means
any distinction, exclusion, restriction on the basis of
disability which is the purpose or effect of impairing
or nullifying the recognition, enjoyment or exercise
on an equal basis with others of all human rights and
fundamental freedoms in the political, economic,
social, cultural, civil or any other field and includes
all forms of discrimination and denial of reasonable
accommodation”
44. Section 2(l) of the Act defines “ high support ” as below:
“(l) “high support” means an intensive support,
physical, psychological and otherwise, which may
be required by a person with benchmark disability
for daily activities, to take independent and
informed decision to access facilities and
participating in all areas of life including education,
employment, family and community life and
treatment and therapy”
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45. The Act, a piece of progressive legislation, defines
“ reasonable accommodation ” as below:
“(y) “reasonable accommodation” means
necessary and appropriate modification and
adjustments, without imposing a disproportionate
or undue burden in a particular case, to ensure to
persons with disabilities the enjoyment or exercise
of rights equally with others”
46. The aforesaid definitions have been incorporated under
the Act, as those expressions find place in various provisions
dealing with the rights and entitlements.
47. Section 3 of the Act guarantees equality and non-
discrimination in the following terms:
“3. Equality and non-discrimination.—
(1) The appropriate Government shall ensure that
the persons with disabilities enjoy the right to
equality, life with dignity and respect for his or her
integrity equally with others.
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(2) The appropriate Government shall take steps to
utilise the capacity of persons with disabilities by
providing appropriate environment.
(3) No person with disability shall be discriminated
on the ground of disability, unless it is shown that
the impugned act or omission is a proportionate
means of achieving a legitimate aim.
(4) No person shall be deprived of his or her
personal liberty only on the ground of disability.
(5) The appropriate Government shall take
necessary steps to ensure reasonable
accommodation for persons with disabilities.”
48. The other provisions contained in Chapter II of the Act
which deal with the rights and entitlements of women and children
with disabilities; community life; protection from cruelty and
inhuman treatment; protection from abuse, violence and
exploitation; protection and safety; home and family; reproductive
rights; accessibility in voting; access to justice; legal capacity;
provision for guardianship; and designation of authorities to
support, if read together create a statutory framework of positive
obligation on the State and its authorities while dealing with
persons with disabilities and protects the persons with disabilities
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W.P.No.26303 of 2025
from harassment and discrimination. The provisions further
obligate the State to create necessary eco-system removing all
attitudinal barriers while dealing with persons with disabilities.
49. While Chapter IV of the Act deals with skill development
and employment to be provided to persons with disabilities, there is
a clear provision that no government establishment shall
discriminate against any person with disability in any matter
relating to employment and that every government establishment
shall provide reasonable accommodation and appropriate barrier
free and conducive environment to employees with disability.
Section 20 of the Act reads thus:
“20. Non-discrimination in employment.—
(1) No Government establishment shall discriminate
against any person with disability in any matter
relating to employment:
Provided that the appropriate Government may,
having regard to the type of work carried on in any
establishment, by notification and subject to such
conditions, if any, exempt any establishment from
the provisions of this section.
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W.P.No.26303 of 2025
(2) Every Government establishment shall provide
reasonable accommodation and appropriate barrier
free and conducive environment to employees with
disability.
(3) No promotion shall be denied to a person merely
on the ground of disability.
(4) No Government establishment shall dispense
with or reduce in rank, an employee who acquires a
disability during his or her service:
Provided that, if an employee after acquiring
disability is not suitable for the post he was holding,
shall be shifted to some other post with the same
pay scale and service benefits: Provided further that
if it is not possible to adjust the employee against
any post, he may be kept on a supernumerary post
until a suitable post is available or he attains the age
of superannuation, whichever is earlier.
(5) The appropriate Government may frame policies
for posting and transfer of employees with
disabilities.”
50. It may be noted that Section 20 of the Act which deals
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with non-discrimination in employment operates on a different field
as compared to reservation provided under Sections 33 and 34 of
Chapter VI of the Act laying down special provisions for persons
with benchmark disabilities.
4
51. In the case of Ravinder Kumar Dhariwal v. Union of India ,
the facets of non-discrimination that guide the Act were explained
thus:
“40. The facets of non-discrimination that guide the
PwD Act are threefold : (i) right to formal equality,
where no person shall be discriminated based on her
disability; (ii) affirmative action in pursuance of
substantive equality under Section 33; and (iii)
reasonable accommodation of persons with
disabilities such as provided under Section 47. There
may be no specific provision in the PwD Act—unlike
the RPwD Act—which provides persons with disability
the right of non-discrimination. However, since the
principle of substantive equality (of providing equal
outcomes through affirmative action and reasonable
accommodation) is premised on the principle of non-
discrimination, there is no reason to hold that the
principle of non-discrimination, of treating every
4
(2023) 2 SCC 209
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W.P.No.26303 of 2025
person equally irrespective of her disability does not
guide the entire statute.”
5
52. In Vikash Kumar v. UPSC , the Apex Court, referring to
earlier decision in Justice Sunanda Bhandare Foundation v. Union of
India and another (supra), expounded and explained the principle of
“reasonable accommodation” embodied in the statutory scheme of
the Act and held thus:
“44. The principle of reasonable accommodation
captures the positive obligation of the State and
private parties to provide additional support to persons
with disabilities to facilitate their full and effective
participation in society. The concept of reasonable
accommodation is developed in section (H) below. For
the present, suffice it to say that, for a person with
disability, the constitutionally guaranteed fundamental
rights to equality, the six freedoms and the right to life
under Article 21 will ring hollow if they are not given
this additional support that helps make these rights
real and meaningful for them. Reasonable
accommodation is the instrumentality—are an
obligation as a society—to enable the disabled to enjoy
the constitutional guarantee of equality and non-
discrimination. In this context, it would be apposite to
5
(2021) 5 SCC 370
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remember R.M. Lodha, J's (as he then was)
observation in Sunanda Bhandare Foundation v. Union
of India, (2014) 14 SCC 383; Disabled Rights
Group v. Union of India, (2018) 2 SCC 397, where he
stated : (SCC p. 387, para 9)
“9. … In the matters of providing relief to
those who are differently abled, the approach
and attitude of the executive must be liberal
and relief oriented and not obstructive or
lethargic.”
53. In the case of Kabir Paharia v. National Medical
6
Commission , their Lordships in the Supreme Court reminded all
that the constitutional promise of equality is not merely formal,
but substantive, while dealing with the persons with disabilities.
The relevant observations are reproduced infra:
“15. The constitutional promise of equality is not
merely formal but substantive, requiring the State to
take affirmative measures to ensure that PwD and
PwBD can meaningfully participate in all spheres of
life, including professional education. We emphasize
that reasonable accommodation is not a matter of
charity but a fundamental right flowing from Articles
6
2025 SCC OnLine SC 1025
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W.P.No.26303 of 2025
14, 16, and 21 of our Constitution. When
administrative authorities create arbitrary barriers
that exclude qualified PwBD candidates, they not
only violate statutory provisions but also perpetuate
the historical injustice and stigmatisation. The
fundamental rights and the dignity of PwD and PwBD
candidates must be protected by ensuring that
assessment of their capabilities is individualised,
evidence-based, and free from stereotypical
assumptions that have no scientific foundation.”
54. In yet another decision in the case of Mission
7
Accessibility v. Union of India and others , their Lordships in the
Supreme Court explained the true measure of inclusivity in
governance as below:
“13. Before parting, this Court deems it appropriate
to observe that the true measure of inclusivity in
governance lies not merely in the formulation of
progressive policies but in their faithful and effective
implementation. The rights guaranteed to persons
with disabilities are not acts of benevolence, but
expressions of the constitutional promise of equality,
dignity, and non-discrimination enshrined in Articles
7
2025 SCC OnLine SC 2635
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W.P.No.26303 of 2025
14, 19, and 21 of the Constitution of India. The
Union Public Service Commission, being the premier
constitutional body entrusted with upholding the
values of merit and fairness in public recruitment,
must ensure that its processes are accessible,
transparent, and sensitive to the needs of every
segment of society. It is therefore imperative that
the directions issued herein are carried out with
utmost earnestness, sensitivity, and expedition, so
that the constitutional vision of equal opportunity
and meaningful participation of persons with
disabilities is not reduced to a distant aspiration, but
is realised as a living, enforceable, and enduring
reality in the conduct of all public examinations in
the country.”
55. In the case of Omkar Ramachandra Gond v. Union of
8
India and others , keeping in view the scheme of the Act and
need for assessment of disability with assistive devices, it was
held as below:
“36. In fact, a perusal of the amendment Notification
dated 13-5-2019 and the Guidelines at Appendix H-1
would indicate that with regard to some categories of
8
2024 SCC OnLine SC 2860
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disabilities particularly, locomotor disability, including
specified disabilities like leprosy cured person,
cerebral palsy, dwarfism, muscular dystrophy, acid
attack victims and other such as amputation,
poliomyelitis, etc. under the column “Eligible for the
Medical Course, Eligible for PwD Quota” the following
finds mention:
“40%-80% disability
Persons with more than 80% disability may also
be allowed on case-to-case basis and their functional
competency will be determined with the aid of
assistive devices, if it is being used, to see if it is
brought below 80% and whether they possess
sufficient motor ability as required to pursue and
complete the course satisfactorily.”
...
47. Disabilities Assessment Boards are not
monotonous automations to just look at the
quantified benchmark disability as set out in the
certificate of disability and cast aside the candidate.
Such an approach would be antithetical to Article 14
and Article 21 and all canons of justice, equity and
good conscience. It will also defeat the salutary
objectives of the RPwD Act. The Disabilities
Assessment Boards are obliged to examine the
further question as to whether the candidate in the
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W.P.No.26303 of 2025
opinion of the experts in the field is eligible to pursue
the course or in other words, whether the disability
will or will not come in the way of the candidate
pursuing the course in question.
56. In another landmark judgment in the case of Anmol v.
9
Union of India and others , the wide meaning and import of the
expression “reasonable accommodation” was explained again
relying upon the earlier decisions in Justice Sunanda Bhandare
Foundation v. Union of India and another (supra); Vikash Kumar
v. UPSC (supra); Omkar Ramachandra Gond (supra). Their
Lordships in the Supreme Court held thus:
“20. As would be clear from the above, flexibility in
answering individual needs and requirements is an
essential component of reasonable accommodation.
There cannot be a “one size fits all” approach.
However, in the guidelines appendix H-1 to
regulations of 13.05.2019 of “both hands intact, with
intact sensations, sufficient strength and range of
motion” are considered essential to be eligible for the
medical course.”
After having minutely scrutinized the manner in which the
9
2025 SCC OnLine SC 387
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medical tests were were carried out, their Lordships concluded as
below:
“29. Having set out the legal position governing the
situation, we have no hesitation in concluding that
the report of the five members of the All India
Institute of Medical Sciences cannot be the basis to
deny the appellant's admission to the MBBS
Course. Firstly, the report does not satisfy the test
laid down in Omkar Ramchandra Gond (supra)
and Om Rathod (supra). The functional assessment
as contemplated in the said two judgments is not
borne out by the report of five members. Secondly,
as mandated or required in both Omkar Ramchandra
Gond (supra) and Om Rathod (supra), reasons have
not been assigned by the five members of the Board
for denying the appellant his right to pursue the
MBBS Course. Thirdly, the need to assess beyond
the quantified disability and the need to opine
whether the individual with a disability aided by
modern scientific tools and devices can enter the
MBBS program has not been fulfilled by the five
members of the Board. This is apart from the fact
that the five members of the Board have recorded
statements in the nature of disclaimers as set out
hereinabove.
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30. While we are conscious that courts are not
expert bodies in the matters of medicine, as held
in Om Rathod (supra) courts have the jurisdiction to
ensure that the manner in which the Board proceeds
and functions are in compliance with the established
principles of law. We will only add that it is not just a
question of jurisdiction of the court but a duty cast
upon the Court; since it is the Courts which enforce
the fundamental rights.
31. For all these reasons, we reject the report of the
five-member Board. Like in Om Rathod (supra), Dr.
Satendra Singh, the Member of the Board has
furnished a separate report, that fulfils the
parameters laid down in Omkar Ramchandra
Gond (supra) and Om Rathod (supra).”
The obligations cast on the authority while dealing with persons
with disabilities were explained thus:
“45. Before we part, there is one important aspect
which needs to be considered. In the judgment of
15.10.2024 in Omkar Ramchandra Gond (supra) a
direction was given to the National Medical
Commission to issue revised regulations and
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W.P.No.26303 of 2025
guidelines in supersession of the guidelines of
13.05.2019 with regard to admission of students
with specified disabilities under the RPwD Act with
respect to the MBBS Course. This Court had also
directed the NMC to consider the communication of
the Ministry of Social Justice and Empowerment
dated 25.01.2024. Pursuant to the judgment
in Omkar Ramchandra Gond (supra), the National
Medical Commission assured this Court during the
course of hearing in Om Rathod (supra) that it will
constitute a new committee of domain experts to
comply with the judgment in Omkar Ramchandra
Gond (supra). Noting the assurance of the NMC, this
Court directed that the Committee to be so
constituted will include persons with disability or one
or more experts conversant with the disability rights.
A further direction was given that fresh guidelines
will be put in place applying the principles set out in
the judgments.”
57. The principle of “reasonable accommodation” succinctly
stated in various decisions as above were also noted in a recent
judicial pronouncement in the case of Sujata Bora v. Coal India
10
Limited and others . Their Lordships in the Supreme Court
10
2026 SCC OnLine SC 58
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W.P.No.26303 of 2025
explained how the directive principles and fundamental rights are
two wheels of a chariot and provide constitutional mandate and
sanction in relation to persons with disability. It was held thus:
“18. Explaining how directive principles and
fundamental rights are two wheels of a chariot, this
Court in Minerva Mills Ltd. v. Union of India, (1980)
3 SCC 625, speaking through Chief Justice YV
Chandrachud in a memorable passage held as
follows—
“56. The significance of the perception
that Parts III and IV together constitute the
core of commitment to social revolution and
they, together, are the conscience of the
Constitution is to be traced to a deep
understanding of the scheme of the Indian
Constitution. Granville Austin's observation
brings out the true position that Parts III and
IV are like two wheels of a chariot, one no
less important than the other. You snap one
and the other will lose its efficacy. They are
like a twin formula for achieving the social
revolution, which is the ideal which the
visionary founders of the Constitution set
before themselves. In other words, the
Indian Constitution is founded on the
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W.P.No.26303 of 2025
bedrock of the balance between Parts III and
IV. To give absolute primacy to one over the
other is to disturb the harmony of the
Constitution. This harmony and balance
between fundamental rights and directive
principles is an essential feature of the basic
structure of the Constitution.”
(emphasis supplied)
19. Justice Douglas of the U.S. Supreme Court
in Barsky v. Board of Regents, 347 U.S. 442 (1954),
said:
“The right to work I have assumed was
the most precious liberty that man
possesses. Man has indeed, as much right to
work as he has to live, to be free and to own
property. To work means to eat and it also
means to live.”
20. It is the most precious liberty because it sustains
and enables a person to live and the right to life is a
precious freedom. Life means something more than
mere animal existence and the inhibition against the
deprivation of life extends to all those limits and
faculties by which life is enjoyed. Article 39(a) of the
Constitution, which, is a directive Principle of State
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W.P.No.26303 of 2025
Policy, provides that the State shall in particular,
direct its policy towards securing that the citizens,
men and women equally, have the right to an
adequate means of livelihood.
21. Article 41 reads as under:
“41. Right to work, to education and to
public assistance in certain cases
The State shall, within the limits of its
economic capacity and development, make
effective provision for securing the right to
work, to education and to public assistance
in cases of unemployment, old age, sickness
and disablement, and in other cases of
undeserved want.”
22. Article 37 provides that the Directive Principles,
though not enforceable by any court, are
nevertheless fundamental in the governance of the
country. The principles contained in Articles 39(a)
and 41 must be regarded as equally fundamental in
the understanding and interpretation of the meaning
and content of fundamental rights.”
58. In view of the above consideration, we have no hesitation
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W.P.No.26303 of 2025
to hold that there has been no proper medical examination of the
petitioner with reference to the nature of duties and functions on
the post of Junior Engineer (Electrical) vis-a-vis the competency
assessed during the educational career and private employment on
the post with similar work, and that too without involvement of
departmental expert to correlate the nature and extent of disability
with the requirement of job to ultimately conclude whether or not
the petitioner is suitable for employment.
59. More than anything else, a person with disability is
legitimate in his expectation that in all walks of life and interaction
in the society, he would be treated equally; without discrimination
and attitudinal barriers; and with sensitivity.
60. We are, therefore, inclined to issue direction to the Chief
Secretary, Union Territory of Puducherry to prepare a Standard
Operating Procedure (SOP) directing all the departments and the
public officials dealing with persons with disabilities to hold
sensitisation programmes periodically. This shall be done within a
period of two months from today.
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W.P.No.26303 of 2025
In the result, the writ petition is allowed with the following
directions:
(a) The decision of the respondents to deny Nativity
Certificate to the petitioner is held illegal. The
respondents are directed to forthwith issue Nativity
Certificate to the petitioner.
(b) Apropos of medical fitness aspect, we direct the
respondents to constitute a fresh Medical Board
consisting of not only medical experts, including
Neurologist, but also one departmental officer well-
versed with the nature of duties and functions
assigned to the post of Junior Engineer (Electrical).
The fact that the petitioner successfully completed
his B.Tech in Electrical and Electronics Engineering
and has hands on experience in dealing with
electrical and electronic equipment in his private
employment for four years shall be given due
credence and receive special additional
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W.P.No.26303 of 2025
consideration. This exercise shall be completed
within a period of six weeks.
(c) The petitioner, having secured high marks, will be
entitled to appointment against existing vacancy,
once he is cleared by the Medical Board.
(d) The respondents shall pay costs quantified at
Rs.50,000/- to the petitioner within a period of one
month from today.
(e) The interim application stands closed.
(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J)
05.03.2026
Index : Yes
Neutral Citation : Yes
sasi
Note to Registry:
Mark a copy this order to the Chief
Secretary, Union Territory of
Puduchery.
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W.P.No.26303 of 2025
To:
1. The Special Secretary (Revenue)
cum District Collector, Union of India
Rep. by Union Territory of Puducherry,
Department of Revenue and
Disaster Management, I Floor,
New Revenue Complex Vazhudavoor Road,
Puducherry-605 009.
2. The Tahsildar cum Executive Magistrate
Thaluk Office, Muthialpet,
Puducherry-605 004.
3. The Tahsildar/ Deputy Tahsildar
Thaluk Office, Muthiapet,
Puducherry-605 004.
4. The Superintending Engineer-cum-
Head of Department,
Electricity Department,
Government of Puducherry,
137, N.S.C. Bose Road,
Puducherry-605 001.
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W.P.No.26303 of 2025
THE HON'BLE CHIEF JUSTICE
AND
G.ARUL MURUGAN,J.
WP No.26303 of 2025
and WMP No.29608 of 2025

05.03.2026
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