The Karnataka High Court has affirmed that the State Commissioner for Persons with Disabilities (PwDs), established under Section 79 of the Rights of Persons with Disabilities Act, 2016, possesses the authority to issue binding corrective directions against private establishments, including orders for compensation payment.
Background of the Case
Justice Suraj Govindaraj delivered the ruling while upholding a Rs 10-lakh compensation awarded to Barnali Rout, a teacher at PSBB Learning Leadership Academy in Jigani, Bengaluru. The incident occurred on August 22, 2013, when a Class VI student altered her marks in certain subjects, prompting an inquiry. Fearing disciplinary action, the student moved to a windowsill between the ground and first floor and threatened to jump. While staff tried to calm her, Rout, acting independently without instruction or knowledge of colleagues or management, attempted to reach the windowsill to rescue the student. She lost her footing and fell to the ground floor, sustaining serious injuries. The student then panicked and jumped as well.
Medical Expenses and Compensation Claim
The school management initially bore approximately Rs 11.6 lakh for Rout's treatment. In 2019, Rout approached the State Commissioner for PwDs seeking Rs 60 lakh as compensation. On June 12, 2020, the commissioner awarded her Rs 10 lakh.
Legal Arguments
The school management challenged the order, arguing that as a private institution, the commissioner had no jurisdiction. They contended that Rout should have approached the appellate authority under the Karnataka Education Act and that the complaint was time-barred, filed beyond three years. Rout countered that the management refused to provide suitable accommodation for her to continue working.
Court's Observations
Justice Govindaraj noted that the institution failed to comply with legal requirements, including framing an equal opportunity policy, identifying accessible teaching posts, designating a liaison officer, and registering the policy with the commissioner. The court held that the commissioner had power under Section 80(b) read with Section 81 of the Disabilities Act, 2016, to inquire into rights deprivation and issue corrective directions. The Rs 10 lakh direction was a legitimate exercise of compensatory power, not a penal fine, and was conservative given total documented expenses exceeding Rs 46 lakh. The quantum was not arbitrary.
Directions for Reinstatement
The judge directed the institution to provide Rout a formal written offer of reinstatement to teaching duties with specific reasonable accommodations: a ground-floor wheelchair-accessible classroom, a disabled-friendly washroom, a transport allowance of Rs 15,000 per month, 15-minute breaks after every two periods, and the option to teach online on days when physically unable to do so.
