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CDJ 2025 SC 1854 print Preview print print
Court : Supreme Court of India
Case No : Petition for Special Leave to Appeal (C) No. 22458 of 2024
Judges: THE HONOURABLE MR. JUSTICE J.B. PARDIWALA & THE HONOURABLE MR. JUSTICE K.V. VISWANATHAN
Parties : Sujata Bora Versus Coal India Limited & Others
Appearing Advocates : For the Petitioner: ----- For the Respondents: -----
Date of Judgment : 28-11-2025
Head Note :-
Subject
Judgment :-

1. It is the case of the petitioner that she is a visually handicapped person with 60% low vision in both eyes and also has residual functional partial Hemiparesis.

2. In terms of qualification, the petitioner has graduated with the degree in Economics and pursued post graduation from Assam Women's University in MBA (Human Resources).

3. The respondent no.1 is a Maharatna Public Sector Undertaking under the Ministry of Coal, Government of India.

4. It appears from the materials on record that in pursuance of the advertisement dated 16.12.2019 issued by the respondent no.1-company, the petitioner applied for the post of a Management Trainee in Personnel and HR discipline.

5. She applied as a reserved candidate in the Visually Handicapped (VH) category.

6. It is her case that she produced two certificates dated 7.4.2012 and 2.1.2021 respectively, issued by the District Social Welfare Officer, Jorhat, Government of Assam and the Public Works Department, Government of Assam through the Joint Director of Health Sciences, Jorhat, respectively, both of which certified that the petitioner is visually impaired to the extent of 60-70% visual disability.

7. On the other hand, it is the case of the respondent no.1 that the disability is not to the extent of 60-70% but is to the extent of 30%.

8. What we have understood is that if it is the case of the respondent no.1 that the disability is to the extent of 30%, then the petitioner cannot be said to be falling within the ambit of "person with benchmark disability".

9. What is important in the present case is to ascertain whether the disability is a functional disability or not.

10. For this purpose, we direct the Director of All India Institute of Medical Sciences (AIIMS), New Delhi to constitute a Board of experts and one of the members in the said Board should be Dr. Satendra Singh.

11. Dr. Satendra Singh has been working on disability rights, since a long period of time.

12. Once, we receive the report of the Medical Board, we shall proceed to pass further orders.

13. The petitioner shall appear before the Board on 05.12.2025 along with the copy of this order.

14. Registry shall inform the Director of AIIMS, New Delhi about the order passed by this Court today and also furnish full set of papers to the Director, AIIMS at the earliest.

15. Post this matter for further hearing on 18.12.2025.

 
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