‘Disability certificate valid over routine test’: Calcutta High Court backs job for 55% disabled pharmacist with cerebral palsy

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The Calcutta High Court underscored that the petitioner’s certificate remained valid and binding under the Rights of Persons with Disabilities Act, 2016. (Image generated using AI)Calcutta High Court news: Ruling that a valid disability certificate “cannot be overridden” by a routine medical fitness test conducted during recruitment, the Calcutta High Court has quashed the West Bengal government’s decision to cancel the appointment of a male candidate with 55 per cent disability and has had cerebral palsy since the age of four.A bench of Justices Madhuresh Prasad and Prasenjit Biswas held that the state’s action in declaring the candidate “unfit” due to a reassessed lower disability percentage was legally untenable and contrary to the Rights of Persons with Disabilities (PwD) framework.“It is directed that the authorities will proceed in compliance with this order expeditiously and process the petitioner’s claim after assessment and verification of other relevant parameters contemplated in the recruitment process, if any; positively within eight weeks from the date of receipt or production of a copy of this order,” the Calcutta High Court said on March 20.Also Read | No saptapadi, no bigamy: Calcutta High Court orders reinstatement of CRPF man fired over ‘second marriage’Court rejects state’s standThe court categorically held that once a disability certificate is issued in accordance with law, it continues to remain valid for all purposes unless cancelled through due process.Authorities have “no scope” to ignore it.Benefits flowing from such certification, including reservation in employment, cannot be denied.It further ruled that the January 2024 medical assessment was conducted for a “totally different purpose” and could not override statutory rights.ICYMI | Route cleared, no DJ, only 500 people: Calcutta High Court’s checklist for March 26 Ram Navami rally in HowrahAppointment in 8 weeksAllowing the writ petition, the high court quashed the March 4, 2024, cancellation order.Set aside the tribunal’s ruling dated May 15, 2025.Directed the state to issue an appointment letter to the petitioner.The authorities have been instructed to complete the process within eight weeks of receiving the order.Candidate disqualified at final stageThe petitioner, Soumya Kanti Biswas, now 32, who has lived with mild cerebral palsy and right-sided hemiparesis (reduced motor function) since childhood, had consistently been certified as having 55 per cent permanent disability by competent medical authorities since 1998.Armed with a diploma in Ayurvedic Pharmacy and valid registration, Biswas applied for recruitment to the post of Ayurvedic Pharmacist under the PwD quota, pursuant to a notification issued on March 15, 2023.He successfully cleared the selection process and was included in the final merit panel published on October 16, 2023, against the sole reserved vacancy for persons with disabilities.After document verification (November 28, 2023) and counselling (February 2, 2024), the process reached its final stage – medical examination.‘Below benchmark disability’: Ground for rejectionAt this crucial stage, a medical board at Kolkata Medical College conducted a general fitness examination on January 15, 2024.Based on this, the health department issued an order on March 4, 2024, cancelling Biswas’s candidature on the grounds that his disability fell below the benchmark required for reservation.This effectively nullified his selection despite the long-standing and unchallenged disability certificate.Tribunal’s failure, high court steps inBiswas challenged the decision before the State Administrative Tribunal, which dismissed the plea on May 15, 2025, prompting him to move the high court.The high court found that the tribunal had “glossed over” the core legal issue – whether a statutory disability certificate could be ignored in favour of a general medical assessment.Also Read | ‘Dreaded by all’: Why Calcutta High Court refused to free ‘mastermind’, brother after 800-strong mob attacked ED officials‘Statutory certificate has primacy’Setting aside both the tribunal’s order and the state’s cancellation, the court held, “There was no occasion for the authorities to rely upon a general medical examination. The certificate of disability having statutory sanctity must prevail.”The bench underscored that the petitioner’s certificate dated September 6, 2014, issued under the statutory regime, remained valid and binding under the Rights of Persons with Disabilities Act, 2016 and corresponding rules.Disability certification vs medical fitnessIn a key clarification, the Calcutta High Court drew a firm line between:Disability certification – governed by special legislation, determining the nature and extent of disability.Medical fitness test – a routine requirement under service rules to assess general employabilityThe bench noted that the fitness certificate format under the West Bengal Service Rules does not even contemplate reassessing disability percentage, making the state’s reliance on such an exercise legally flawed.“The assessment…for medical fitness does not have any statutory recognition in so far as disability is concerned,” the court observed.Why this judgment mattersThe ruling sends a clear message to recruiting authorities across the country:Story continues below this adStatutory disability rights cannot be diluted by administrative processes.Medical boards conducting fitness tests cannot reassess legally certified disabilities.Denial of reservation benefits on such grounds is liable to be struck down.By restoring Biswas’s appointment, the court has reinforced that procedural scrutiny cannot trump substantive rights guaranteed under disability law, a principle likely to shape future service jurisprudence involving PwD candidates.Vineet Upadhyay is an Assistant Editor with The Indian Express, where he leads specialized coverage of the Indian judicial system. Expertise Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including: Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability. Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters. Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights. Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More © IE Online Media Services Pvt Ltd