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1 - 7 of 7 (0.18 seconds)Section 33 in The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 [Entire Act]
The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995
Section 32 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Dalpat Abasaheb Solunke And Ors. vs Dr. B.S. Mahajan And Ors. on 6 December, 1989
16. Coming to the case in hand, there is no dispute
that the post in question has already been identified by the
Opkat 21/2015 17
Government, who is the employer, in exercise of the powers
conferred under Section 32 of the Act, to the effect that
appointment could be effected to such post by
accommodating 'blind' candidate as well. The so-called
'suitability test' conducted by the PSC was only with
reference to the 'ability to read and write' and according to
the PSC, such job cannot be performed by the candidate.
As mentioned already, the scope of power to assess
'suitability' of the candidate, as explained by the Tribunal on
an earlier instance while rendering the verdict in TA 6849 of
2012, takes it origin/source from the judgment rendered by
the Apex Court in Dalpat Abasaheb Solunke and others
v. Dr. B.S. Mahajan and others [ (1990) 1 SCC 305].
Paragraph 12 of the said judgment reads as follows:
Section 32 in The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 [Entire Act]
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