Where disability is likely to affect safety, security or efficiency, then the minimum standards prescribed cannot be considered as denying a person with disability his promotion merely on the ground of his condition, the court said. This cannot be considered as a violation of the Disability Act, 1995, the court added.
This decision was passed by the Supreme Court while upholding an appeal filed by the Union Government challenging an Allahabad High Court order which had ruled that the minimum medical standards prescribed for a normal employee cannot be insisted for a person with certain disabilities.
The High Court had taken the view while hearing the case of Devendra Kumar Pant who challenged the Railways' insistence on producing certain fitness certificate at the time of his promotion to the post of Chief Research Assistant, Research Designs and Standards Organisation (R.D.S.O.).