Chaini Parwani –
Published On: December 16, 2021 at 10:00 IST
The Supreme Court laid the foundation for a candidate with Bipolar Disorder to become a Judge in the Delhi Judicial Services pertaining to ‘Possibility of Improvement’ in the health of the candidate cannot disqualify him from availing the benefit of quota for persons with Disabilities.
The Bench comprising of Justices Sanjay Kishan Kaul and MM Sundresh had taken note of the assessment by the Medical Board with senior psychiatrists from AIIMS that “There is nothing to indicate that he will not be able to discharge his responsibilities to the post of Judicial Officer for which he has been selected.”
Further, taking note of the opinion of the Medical Board, the Court upheld the Appointment, but without any back wages.
In 2018, the candidate had registered under the seat reserved for persons with disabilities for the post of Judicial Officer in the Delhi Lower Judiciary.
The candidate was issued a disability certificate in 2018, valid till 2023 concerning to which he was selected as the sole candidate in the ‘Mental Illness’ category.
The Candidate was challenged on the grounds that he is medically ‘Under remission’ and on medication and hence he cannot be treated as ‘Disabled’.
Furthermore, the Court while overruling that Board’s statement highlighting the candidate is ‘In remission’ and has been taking long-term medication observed that Bipolar Affective Disorder (BPAD) being a ‘Lifelong illness’.
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