Supreme Court Holds That Denial of Employment to a Person With Benchmark Disability Violates the RPwD Act and Mandates Reasonable Accommodation, Including Creation of a Supernumerary Post

Case Name: Sujata Bora v. Coal India Limited & Ors.
Citation: 2026 INSC 53
Date of Judgment/Order: 13 January 2026
Bench: Justice J.B. Pardiwala and Justice K.V. Viswanathan

Held: The Supreme Court held that denial of appointment to a candidate who meets the benchmark disability threshold under the Rights of Persons with Disabilities Act, 2016, on technical grounds such as expiry of a recruitment panel or inadequacy of recruitment notifications, is unlawful, and that public sector employers are duty-bound to provide reasonable accommodation, which may include modification of processes and creation of a supernumerary post, to ensure substantive equality and the right to work.

Summary: The appellant, selected for interview as a visually handicapped candidate pursuant to a 2019 recruitment by Coal India Limited, was denied appointment after being declared medically unfit on grounds later found unsustainable. A Single Judge of the Calcutta High Court quashed the medical finding and moulded relief by permitting consideration in the next recruitment, but the Division Bench reversed this solely due to expiry of the panel. On appeal, the Supreme Court directed independent medical evaluation by AIIMS, which assessed the appellant’s disability at 57%, exceeding the benchmark. The Court analysed the statutory mandate of reasonable accommodation under the RPwD Act, the constitutional guarantees of equality, dignity and livelihood, and the intersectionality of disability with gender, reiterating that reasonable accommodation is a gateway right and a facet of substantive equality. It further emphasised corporate social responsibility and inclusive employment obligations of public sector undertakings.

Decision: The appeal was allowed; the Division Bench judgment was set aside; the appellant was held eligible for appointment; a supernumerary post was directed to be created; Coal India Limited was instructed to appoint the appellant to a suitable desk job with appropriate accommodations and posting, exercising powers under Article 142 of the Constitution, with the matter disposed of accordingly and all pending applications closed.