Bombay HC: Indian Railways Must Consider Visually Impaired Candidate's Application

The Bombay High Court has overturned a rejection letter from the Indian Railways, allowing Asha Dhondiram Shinde, who is visually impaired, to be considered for a job. The court stressed the importance of making adjustments to help people with disabilities.

Background of the Case

Asha Dhondiram Shinde, who is 75% blind, applied for an entry-level job in the Indian Railways after seeing an advertisement on February 23, 2019. Even though she passed the exam and verification processes, her application was rejected on August 22, 2024, because her high school board was not recognized.

Legal Representation and Arguments

Dr. Uday Warunjikar spoke for Asha Dhondiram Shinde, arguing that a 2007 State Government Resolution accepted her qualifications as equal to high school graduation. He mentioned the Rights of Persons with Disabilities Act, 2016, highlighting the need to make necessary adjustments.

"True equality at the workplace can be achieved only with the right push given to disability rights as part of Corporate Social Responsibility."

Respondents' Stand

Mr. Suresh Kumar, speaking for the Indian Railways, argued that her qualifications were not the same as high school standards and referred to a Supreme Court decision about needing different passing marks for people with disabilities.

Court's Decision

The court, with Judges R.I. Chagla and Advait M. Sethna, decided on February 27, 2026, that the rejection was unfair. They canceled the rejection letter and instructed the Railways to consider Asha Dhondiram Shinde's application and keep a job open for her.

Importance of Reasonable Accommodation

The judgment pointed out the importance of making necessary adjustments, in line with international agreements and the RPwD Act. The court stressed that abilities should be judged with the right adjustments in mind, promoting fairness and justice.

"The action of the Respondents in rejecting her application would in our view be against the principles of making necessary adjustments."

Summary of the Verdict

The court's decision ensures that necessary adjustments are made for people with disabilities to have equal job opportunities. The Indian Railways must now review Asha Dhondiram Shinde's application within three weeks and keep a position available for her.