Indian Kanoon - Search engine for Indian Law

A. Whether the Act of 2016 and the Rules of 2017 recognize the rights of employers to ask its employees with disability certificates or with benchmark disability to undergo a fresh assessment of their disability ?

a. Section 2(r) defines persons with benchmark disability to mean a person with not less than 40 percent of a specified disability.

b. Section 2(s) defines a person with disability, Section 2(t) defines a person with disability having high support needs and Section 2(zc) defines specified disability.

(i) The petitioner(s) have no right to challenge the assessment or reassessment order issued by the State Government or the respondent(s) for reassessment of benchmark disability. No person is entitled to be considered for appointment on seat reserved for persons with benchmark disabilities, unless his/her benchmark disability is assessed as per Chapter-X of the RPWD Act, 2016.

(i) The petitioner(s) have no right to challenge the assessment or reassessment order issued by the State Government or the respondent (s) for reassessment of benchmark disability.

No person is entitled to be considered for appointment to a seat reserved for persons with benchmark disabilities, unless his/her benchmark disability is assessed as per Chapter- X of the RPwD Act, 2016.

(vi) After assessment or reassessment of in-service candidate(s), if the respondent(s) find that the candidate does not have a benchmark disability as required under the Act of 2016, then they are free to take any action as discussed herein- above.

(vii) If a candidate appears in a recruitment process on the basis of benchmark disability, then the recruiting agency is duty-bound to assess or reassess his benchmark disability through a designated certifying authority as notified under Section 57 of the RPwD Act, 2016. Such an assessment has to be made strictly on the basis of guidelines issued by the Government of India under Section 56 of the RPwD Act, 2016.