Tuesday, January 17, 2017

Gujrat HC Judge, Advocate & Govt Pleader work in tandem to grant appointment to candidate with Cerebral Palsy [Judgement Included]

Dear Colleagues,

A single bench of Gujarat High Court has asked the State Govt. to appoint a man with cerebral palsy on the post of Supervisor Instructor Class III in the ITIs.  Quoting from the official video of the "सुगम्य भारत अभियान” i.e. "Accessible India Campaign" a campaign of the Department of Empowerment of persons with disabilities says, “हक़ है बराबरी का, गर्व से जियेंगे ! ” i.e. to say “We have right to equality and we have right to live with honour and dignity”, the court said,  "This is one such case where a person, since has been refused such a right to equality and to lead the life with dignity and with self empowerment, has approached this Court invoking powers under Articles 14, 16 and 226 of Constitution of India.

The petitioner Sudhanshu Upendrabhai Chavda, a person with cerebral palsy (spastic quadriplegia) came to be selected in the process of recruitment on his own merit for the post of Supervisor Inspector(Class III). However, in a meeting between the petitioner and the members of Selection Committee, it was realized that the petitioner was not able to speak and write properly. Therefore, he was not found eligible for the said post on the ground that the post of technical supervisor requires a person to speak clearly/properly and make the subject to be understand well by the trainees.

Petitioner argued that not granting appointment to the petitioner defeats the very objective of the Persons with Disabilities [Equal opportunities, Protection of Rights and Full Participation] Act, 1995 [“Disabilities Act” hereinafter]. It was urged that the court needed to once speak to the petitioner and also keep in mind the decision of the Apex Court rendered in case of Saiyed Bashir -ud-din Qadri Vs. Nazir Ahmed Shah and Ors. in SLP(C) Nos. 10669-70 of 2008 which according to the petitioner was also a story of a person who had a struggle to be self dependent.

The Court after meeting the petitioner in person, found a very favourable impression and on realising the fact that his mental faculty was not in any manner affected despite his condition of cerebral palsy with spastic quadriplegia, requested the learned Government Pleader to take up the matter with the highest authority after once having a personal talk with him. 

The Govt. pleader accordingly had personal interview with the petitoner and having been convinced thereafter she chose to write to the Principal Secretary, Labour and Employment Department pursuant to the suggestions of the Court. The govt. pleader wrote:

“Upon the direction issued by the Hon'ble Court in the presence of the officers, I have personally also spoken to the petitioner. It appears that on account of cerebral palsy he is suffering from only Locomotor Disability and any other work in the nature of date entry, assessment of papers, preparation of training material etc. may be given to him. In any case the Hon'ble Court has directed the undersigned to speak to the highest authority in the department to find a way out. These are people who have struggled all their lives to achieve degrees and qualification against all odds. They all need to be encouraged. They merely need a government job. Having over come his physical disability, he has attained a Master in Computer Application (M.C.A) degree. The Hon'ble Court has directed that the State ought to consider this and take a sympathetic approach towards him and appoint him on some post in an ITI Institute, which would not be involving communication or speech skills.”

Accordingly, the department agreed to appoint him pursuant to the above communication. The court however, ordered that the petitioner shall be given the appointment order as mentioned hereinabove. If not granted within the stipulated time period, the petitioner shall be at liberty to approach this Court.

Rarely we find such instances where Courts take such interest to support the cause of people with disabilities. We have seen how cases are heard & disposed off mechanically. This deserves mention that in this case, not only the candidate was able, highly educated and full of confidence but the advocate representing the petitioner, judge and the govt. pleader - all worked in tandem to grant the petitioner relief.  

Judgement
To read the PDF judgement dated 28.12.2016 in Special Civil Application No. 17799 of 2016 titled  Sudhanshu Upendrabhai Chavda Vs. State of Gujarat & Ors., click here

No comments: