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all the tests of a selective process intended for people with a 33% disability whose position as a civil servant was withdrawn before her inauguration after a medical review reduced its percentage to 15.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 selection process for the disabled person’s turn is the one established 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, 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 to be able to 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 shift, or that there are 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 appeared, for the disabled shift, in a selective process for statutory personnel convened by the Aragonese Health Service.”
“At the time of submitting 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.
The woman passed all the tests of the selection process, according to the ruling. At that time, his declaration of 33% disability was still valid but, a few days later, in May 2017, he had to undergo the aforementioned review by the Aragonese Institute of Social Services, which concluded with a reduction of his disability to 15%. %.
“This percentage of disability is below the minimum that the bases of the call established to participate in the selection process for the disabled shift. As a consequence, by resolution of the Directorate-Management of the Aragonese Health Service of August 3 of 2017, the loss of his rights in the selection process was declared; and this because the bases of the call required that the requirements established therein must be maintained until the moment of taking possession,” the ruling states.
And it is that, he adds, “although the tests of the selection process had concluded when the review of the degree of disability occurred, the selection process itself was not yet finished and, of course, the taking of possession of the candidates had not yet taken place. winners of the places”.
For all these reasons, the Supreme Court returns the proceedings to the Contentious-Administrative Chamber of the Superior Court of Justice of Aragon “so that, after verifying” whether the woman “obtained a better score than any of those approved in the general or If there were vacancies left unfilled, issue a new sentence.”
