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Showing contexts for: substantive equality in Ashwin Murli vs Oil And Natural Gas Corporation Ltd & Ors on 1 September, 2025Matching Fragments
15. Placing reliance on the Judgement of the Supreme Court in Ravinder Kumar Dhariwal & Anr. vs. Union of India & Ors., (2023) 2 SCC 209, he submits that the principle of reasonable accommodation is a means of achieving substantive equality and that, despite being a PwD under Section 2(s) of the RPwD Act, and having secured the 12th rank in the unreserved category merit list, no reasonable accommodation as mandated under Sections 3 and 20 of the RPwD Act has been provided to the appellant.
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66. As the Committee on the Rights of Persons with Disabilities ("the CRPD Committee") noted in General Comment 6, reasonable accommodation is a component of the principle of inclusive equality. It is a substantive equality facilitator. The establishment of this linkage between reasonable accommodation and non-
22. Ravinder Kumar Dhariwal v. Union of India highlighted on the right to equality and underlined the two aspects: formal equality and substantive equality. It stated that substantive equality aims at producing equality of outcomes, and in the context of the case, observed that the "principle of reasonable accommodation is one of the means for achieving substantive equality, pursuant to which disabled individuals must be reasonably accommodated based on their individual capacities." The court recollected Vikash Kumar v. Union Public Service Commission, which held as follows "The principle of reasonable accommodation acknowledges that if disability" should be remedied and opportunities are "to be affirmatively created for facilitating the development of the disabled. Reasonable accommodation is founded in the norm of inclusion. Exclusion results in the negation of individual dignity and worth or they can choose the route of reasonable accommodation, where each individual's dignity and worth is respected."
44. The Supreme Court in Re: Recruitment of Visually Impaired in Judicial Services, 2025 INSC 300, has further held that the RPwD Act although passed in order to comply with the Convention on the Rights of Persons with Disabilities, is in fact a super statute and contains the ingredients of a quasi-constitutional law. It has held that the principle of reasonable accommodation is not a discretionary measure, but a fundamental right integral to achieving substantive equality for PwDs, forming part of the right to dignity as guaranteed under Article 21 of the Constitution of India. It was stated that no candidate can be denied consideration solely on account of their disability and that any indirect discrimination that results in the exclusion of PwDs, whether through rigid cut-offs or procedural barriers, must be interfered with in order to uphold substantive equality. It was opined as under: