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.