The Supreme Court (TS) has ruled in favor of a woman who passed all the tests of a selective process intended for people with a 33% disability whose position as a civil servant was withdrawn before her inauguration after a medical review reduced her percentage to 15.
In a ruling, reported by Europa Press, the Contentious-Administrative Chamber establishes that “the moment in which the condition relating to the percentage of disability must be met to participate in a selective process for the disabled shift is the established one.” in the bases of the corresponding call“.
“This is not an obstacle, however, for those who have participated in a selection process for the disabled shift, to have passed all the tests and only at a later time no longer have the percentage of disability required by the rules of the call. can be considered approved in the general shift; something that will depend on whether they have obtained a better score than any of those approved in said general round, or whether there have been places left unfilled in this one,” concludes the high court.
The woman filed an appeal as the last way to obtain the civil servant position that she won after passing the relevant tests. The Supreme Court explains that “the appellant presented herself, for the disabled person, to a selective process of statutory staff summoned by the Aragonese Health Service“.
“At the time of submission of the application, a disability of 33% was recognized by the Aragonese Institute of Social Services. According to the proceedings, the disability consisted of a disease of the digestive system, along with mobility problems in the arms. Said declaration of disability was subject to review after two years, which means that it had to be reviewed in 2017,” he indicates.