Karnataka HC Upholds Junior Lineman List Inclusion For Deaf Applicant With Speech Impairment Under Hearing-Impaired Category

HESCOM issued a recruitment notification for Junior Lineman posts, including 72 posts reserved for persons with hearing impairment.

Abubakar applied in that category and submitted medical records showing that he was deaf and dumb. HESCOM rejected his application on the ground that his additional condition of being dumb exceeded the eligibility criteria for the post.

The Single Judge quashed the rejection and directed HESCOM to include his name in the final selection list, subject to merit.

HESCOM appealed.

Section 2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 lists hearing impairment as a disability.

In an intra-court appeal, interference is warranted where the impugned judgment is demonstrably erroneous or perverse; the appellate Bench should not substitute its view merely because it considers another view preferable.

The Court noted that Abubakar had applied under the hearing-impaired category and had produced medical records establishing that he was deaf and dumb.

Applying Section 2(i), it held that hearing impairment is a recognised disability and upheld the Single Judge’s conclusion that Abubakar was eligible under that category.

The Division Bench found no demonstrable error or perversity in that decision to justify appellate interference.

The direction to include Abubakar’s name in the final selection list, subject to merit, therefore remained undisturbed.