The Madurai Bench of Madras High Court on 29 May 2019, in it's Order has held that, "To formulate or enforce a policy not to consider any candidate for employment irrespective of the fact whether he is medically unfit or fit, is nothing but short of arbitrariness and shows a baseless prejudice against such candidate."
It is a settled law that, the Order states, a physical defect or deformity, which in no way interfere with the normal or efficient functioning, should not be considered as an absolute bar to public employment in regard to the posts not associated with physical activity.
No authority can formulate a policy relating to appointment with such arbitrariness, the Order reasons.
"Normally, the Courts will not interfere with the standards fixed by an authority to ascertain medical fitness of a person for employment." However, "the Courts will interfere with an arbitrary prohibition to appointment in absolute terms merely on a physical defect or deformity, which is not shown to have any effect on the normal and efficient functioning of the person in the post and it can be corrected." the Order adds.
The Order, further states the following:
There can be no doubt that different standards of fitness may be required for different types of posts. But what is required is mental alertness and mental capability and physical fitness, which will ensure efficient discharge of his functions.
So long as the defect or deformity can be corrected and it has no effect on the efficient and normal functioning of the person, the defect by itself cannot be a ground to disentitle him for being considered for that post.
Download Order
It is a settled law that, the Order states, a physical defect or deformity, which in no way interfere with the normal or efficient functioning, should not be considered as an absolute bar to public employment in regard to the posts not associated with physical activity.
No authority can formulate a policy relating to appointment with such arbitrariness, the Order reasons.
"Normally, the Courts will not interfere with the standards fixed by an authority to ascertain medical fitness of a person for employment." However, "the Courts will interfere with an arbitrary prohibition to appointment in absolute terms merely on a physical defect or deformity, which is not shown to have any effect on the normal and efficient functioning of the person in the post and it can be corrected." the Order adds.
The Order, further states the following:
There can be no doubt that different standards of fitness may be required for different types of posts. But what is required is mental alertness and mental capability and physical fitness, which will ensure efficient discharge of his functions.
So long as the defect or deformity can be corrected and it has no effect on the efficient and normal functioning of the person, the defect by itself cannot be a ground to disentitle him for being considered for that post.
Download Order
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