Knowledge Resource

Articles

Access India

Issues in Inclusion

Archives: Top Stories

Archives: News

Useful Links

Country Reports

Services

Aids & Appliances

Freelancers

Braille Press

Events and Conferences

Employment Opportunities

Disability India Journal

Submit Your Research/ Article

Latest issue of the Journal

National Institutes

NIMH

NIHH

NIOH

NIVH

IPH

NIEPMD

CS Sivakumar vs State Bank of India

Case No: 1869/2001

Court of Chief Commissioner for Persons with Disabilities under Section 59 of the Persons with Disabilities (Equal opportunities, Protection of rights and Full participation) Act, 1995.

CS Sivakumar had a double impairment. He was mobility impaired and had a hearing problem as well. He filed a case in the court stating that the State Bank of India had published an advertisement in the Employment News dated 27 October - 2 November 2001 for various computer related specialist cadre posts ie:

  • Asstt Manager (Systems)
  • Manager (System Analysis & Design)
  • Dy Manager (Networking)
  • Dy Manager (Programming - Oracle)
  • Dy Manager (Programming -C/C++)
  • Systems Administrator
  • Manager (Systems).

The Complaint

His plea was that these posts should be reserved for persons with hearing impairments alone. His argument was that 3 percent of the posts of Probationary Officer were reserved for orthopedically handicaped only while no post was primarily reserved for visually and hearing impaired persons.

Thus, according to him and the lawyers representing him, 3 percent of the Specialist Officers posts particularly the computer related ones should be reserved entirely for hearing impaired persons.

The Judgment

The court dismissed the case on the advise that the PWD Act does not categorically make any distinction between the various disabilities for which reservation is to be provided u/s 33 of the Act.

Sivakumar was advised to find out if the 3 percent backlog reservation for persons with disabilities in terms of the instructions issued by Ministry of Finance had been fulfilled and seek employment.

Acts in Disability

The Mental Health Act

The RCI Act

The PWD Act

The National Trust Act

National Policy for Persons with Disabilities

Disability and Law

Law, Courts and the Constitution of India

Disability Law and Access to Rights

Directory of Lawyers

Before you file a case

Disability and Litigation

Admission in Schools

Reservations in Jobs

Reservations in Higher Education

Allotment of Benefits

Accident Compensation

Legal Aid Cell

For free legal aid for persons with disabilities, their caregivers and service providers
Online Legal Aid Cell

Best viewed in Google Chrome version 6 and above, Opera 11.0 and Mozilla Firefox version 3 and above
© Society for Child Development, 1992