Karnataka high court directs disabled candidate be appointed accounts officer in 8 weeks

Bengaluru: A 38-year-old state government employee, who was denied promotion on medical grounds, received relief with the high court recently directing KPTCL/Bescom to appoint him assistant accounts officer since his locomotor disability didn’t prevent him from performing other light duties.A division bench of Chief Justice NV Anjaria and Justice KV Aravind said SB Anil Kumar should be appointed in eight weeks. The bench stated: “The assessment of suitability must not be based solely on medical certificate, but also on functional assessment of the candidate.”Anil Kumar, currently serving as assistant for 10 years, faced rejection for the AAO’s position due to 2016 modified guidelines. He claimed he suffers from a locomotor disability exceeding 75%, affecting both legs and arms.

After a single bench dismissed his case, he filed a writ appeal.The division bench declared Kumar eligible for the assistant accounts officer’s position under disability reservation. The authorities must include his name in the final selection list, issue appointment orders and determine seniority within eight weeks, with notional seniority from Sept 8, 2016, the bench added.Initially appointed under PwD quota on March 7, 2015, Kumar applied for AAO position.

Despite having over 75% disability and qualifying for the examination, he was excluded from the provisional selection list, with authorities claiming no eligible PwD candidates.The single bench’s dismissal on Sept 27, 2024 cited the nature of disability as unsuitable for AAO position. It maintained that direct recruitment posts require meeting all eligibility criteria and that participating candidates cannot challenge conditions post-rejection.Bescom’s argument about specific disability requirements in the 2016 recruitment notification was overruled by the division bench. The court noted that Kumar’s eligibility as assistant should extend to AAO position, given the similar work scope.His certificate confirmed locomotor disability in legs and arms, but indicated capability for light duties, including sitting and hand usage. The bench referenced the Supreme Court guidance on considering functional assessment alongside medical certification.