This order from Hon'ble Justice ALTAMAS KABIR, Supreme Court of India, is remarkable in many sense. The order is indicative of the apathy of certain implementing authorities and lack of awareness and sesitivity even at the level of the High Court when it comes to ensure equal opportunities and rights to Citizens with disabilities.
Click here to access the Detailed Order titled Syed Bashir-ud-din Qadri Vs. Nazir Ahmed Shah &Ors in CIVIL APPEAL NOS.2281-2282 OF 2010, (Arising out of SLP(C)Nos.10669-70 of 2008)
Here is the news coverage.
Jammu and Kashmir High Court insensitive to cerebral palsy victim: Supreme Court
In ordering teacher's dismissal, it has dealt with case mechanically
Expressing concern over the shabby treatment meted out to disabled persons while considering them for government jobs, the Supreme Court has said these cases must be handled with sensitivity and not with bureaucratic apathy.
Dealing with an appeal filed by a person afflicted with cerebral palsy, a Bench of Justices Altamas Kabir and Cyriac Joseph said: “It has to be kept in mind that this is not one of the normal cases relating to a person's claim for employment. This case involves a beneficial piece of social legislation to enable persons with certain forms of disability to live a life of purpose and human dignity.”
Syed Bashir-ud-din Qadri, a B.Sc. graduate, was appointed Rehbar-e-Taleem (teacher) in a government school at Pulwama by the Jammu and Kashmir government under the merit quota for physically challenged candidates. Two committees appointed by the government also approved his appointment after noting that he was capable of discharging his duties. But, acting on a petition from Nazir Ahmed Shah, the High Court set aside his appointment.
Allowing the appeal against this judgment, the Supreme Court said: “The appellant is a person suffering from cerebral palsy and these appeals are the story of his struggle to make himself self-dependent and to find an identity for himself against enormous odds.” The Bench pulled up the High Court for ordering his dismissal, and directed his reinstatement forthwith with all notional service benefits.
Writing the judgment, Justice Kabir said: “It is unfortunate that in spite of the positive aspects of the appellant functioning as Rehbar-e-Taleem and the clear and unambiguous object of the Jammu and Kashmir Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, the High Court adopted a view which was not compatible therewith. The High Court has dealt with the matter mechanically, without even referring to the Act or even the provisions of Sections 22 and 27 thereof.”
The Bench said: “Instead, the High Court chose a rather unusual method in assessing the appellant's capacity to function as a teacher by calling him to appear before the court and to respond to questions put to him. The High Court appeared to be insensitive to the fact that as a victim of cerebral palsy, the appellant suffered from a slight speech disability which must have worsened on account of nervousness when asked to appear before the court to answer questions.”
As disability did not impede the appellant from discharging his duties, the High Court ought not to have directed the termination of his services, the Bench said.