The Himachal Pradesh High Court dismissed a petition filed by a 50% locomotor-disabled candidate challenging the selection of another candidate for the post of Pharmacist.

Upholding the State's decision, the Court remarked that the candidate was medically unfit for the duties of a pharmacist due to impaired standing and walking, despite having the required disability certificate.

Justice Sandeep Sharma remarked that: “The petitioner, having 50% locomotor disability, was found unfit for the post of Pharmacist due to improper standing and walking. The work of a Pharmacist involves physical tasks such as giving first aid, performing emergency duties, and sometimes travelling…”

Background:

In 2020, the Health Department of Himachal Pradesh issued a notice advertising posts of Pharmacist under various Persons with Disabilities categories, out of which 7 posts were for the Ortho-Impaired category.

The petitioner was registered with the Pharmacy Council, and he applied under the Ortho-Impaired category. He attended the counselling in 2020 and thereafter again in 2022, but was not selected; however another candidate was appointed.

The petitioner contended that he was not appointed even though he had a valid disability certificate. He further contended that the case of a person with disability is to be handled with sensitivity and not with bureaucratic apathy.

In response, the State contended that even though the petitioner had a valid disability certificate, he did not meet the physical requirements for the post of Pharmacist as per the Government Notifications.

Case Name: Sajil Kumar v/s State of H.P. and others 

Case No.: CWP No.4525 of 2023

Date of Decision: 07.11.2025

For the Petitioner: Mr.Narender Singh Thakur, Advocate.

For the Respondent:Mr. Rajan Kahol, Additional Advocate General, with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocates General, for

respondents No.1 to 3/State.

Mr. Rajesh Kumar Parmar, Advocate, for respondent No.4.

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