Madras High Court Upholds Rights of Disabled Persons, Directs Puducherry Government Action
The Madras High Court has made a significant observation regarding the rights of disabled individuals in society. The court emphasized that a disabled person is legitimate in expecting equal treatment across all walks of life and social interactions, free from discrimination and attitudinal barriers, and with appropriate sensitivity.
Court's Ruling on Government Failure
The first bench, comprising Chief Justice Manindra Mohan Shrivastava (since retired) and Justice G Arul Murugan, delivered this observation while addressing a case involving the Puducherry government. The court found that the government failed to conduct a proper medical examination of a disabled candidate applying for the post of junior engineer (electrical). This failure prevented a fair assessment of the candidate's suitability and competency for employment.
Directive for Standard Operating Procedure
In response to this failure, the court issued a directive to the chief secretary of the Puducherry government. The chief secretary is instructed to prepare a Standard Operating Procedure (SOP) within two months. This SOP must guide all departments and public officials who interact with disabled persons, mandating periodic sensitization programs to foster better understanding and compliance with disability rights.
Background of the Case
The case was initiated by E Hariharan, who suffers from hereditary sensory motor neuropathy. He holds a unique disability identity card issued by the Union government, certifying a locomotor disability of 40%. Additionally, he receives monthly financial assistance from the social welfare department in Puducherry.
Despite being selected for the junior engineer (electrical) position based on his qualifications, his candidature was rejected. The rejection was based on an opinion from a medical board, which deemed him ineligible for the post after examination.
Court's Orders and Remedies
The court rejected the government's decision and issued several specific orders:
- The authorities must provide Hariharan with a nativity certificate immediately.
- A fresh medical board must be constituted. This board should include not only medical experts but also a departmental officer who is well-versed in the duties and functions of the junior engineer post.
- Once cleared by this new medical board, Hariharan will be entitled to an appointment against an existing vacancy, given his high marks in the selection process.
- The authorities are required to pay Rs 50,000 as costs to Hariharan within one month.
This ruling underscores the judiciary's commitment to ensuring that disabled individuals are not unfairly excluded from employment opportunities and that government bodies take proactive steps to eliminate discrimination and promote inclusivity.
