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august 2004

Supreme Court of India · 2004-08-11

U.O.I. vs SANJAY KUMAR JAIN

Citation / case number
SC 2003/11930
Court
Supreme Court of India
Petitioner
U.O.I.
Respondent
SANJAY KUMAR JAIN
Author
ARIJIT PASAYAT
Bench
C.K. THAKKER ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the decision of the Delhi High Court affirming the Central Administrative Tribunal's ruling that the Union of India violated Section 47(2) of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 by not considering the respondent's promotion despite being declared medically unfit. The Court emphasized that discrimination based on physical disability in promotions is prohibited, and the Union's argument regarding the proviso to Section 47(2) was rejected. The Court held that the respondent's rights under the Act were not adequately considered, thus affirming the lower courts' decisions.

U.O.I. vs SANJAY KUMAR JAIN · Niyam