Refusal to appoint differently-abled violates their right to lead a life with dignity

Gujarat High Court: While relying upon the Supreme Court decision in Syed Bashir-ud- din Qadri v. Nazir Ahmed Shah, (2010) 3 SCC 603, the Single Bench of Sonia Gokani, J. observed that the refusal to appoint a person with disability for a post for which he has been selected through process of recruitment is a refusal of his right to equality and to lead a life with dignity.

In the instant case, the petitioner was aggrieved by the respondent’s refusal to appoint him on the post of Supervisor Instructor [Class III] although he had been selected for the post after completing the process of recruitment. The respondent contended that the petitioner was not found eligible for the said post since it required a person to speak clearly.

The High Court after meeting the petitioner in person, discovered that the petitioner’s mental faculty was not in any manner affected despite his condition of cerebral palsy with spastic quadriplegia, and therefore requested the Government Pleader to take up the matter with the highest authority. The Government Pleader accordingly requested the Principal Secretary, Labour and Employment Department to appoint the Petitioner on some post, which would not be involving communication or speech skills. Later, the Government Pleader informed the Court that the petitioner vide order dated 27.12.2016 has been selected and the appointment shall follow within a period of four weeks. [Sudhanshu Upendrabhai Chavda v. State of Gujarat, Special Civil Application No. 17799 of 2016, decided on December 28, 2016]

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