Bombay HC directs Police Cop to compensate an NDA Professor for a false probe against him for alleged fake disabilty certificate

Court: Bombay High Court

Bench: Hon'ble Justice Nitin W. Sambre & Hon'ble Justice R.N. Laddha

Case No. – Writ Petition No. 1124 of 2018 

Case Title – Dr. Kamal Chandra Tiwari v. State of Maharashtra & Anr.

Date of Judgement: 04 Aug 2023

Cited as: 2023:BHC-AS:29209-DB

Case brief:

Slamming a police officer for falsely implicating a disabled professsor of the National Defence Academy (NDA) by carrying out a false investigation for a genuine disability certificate, a division bench of the Bombay High Court has quashed and set aside the FIR and consequential proceedings against the staffer and ordered compensation of Rs. 25,000 to be paid to one Dr. Kamal Chandra Tiwari, an Assistant Professor at the National Defence Academy, Pune falsely prosecuted for producing fake disability certificates.

The court ordered a compensation of Rs 25,000 to be paid to the employee, to be recovered from the salary of the investigation officer. The officer had ignored communication from the hospital verifying the employee's disability certificate. The employee's advocate stated that the officer's actions were vindictive.

“Such an act of the investigating officer (IO)... can be termed as causing mental agony, lowering down dignity and ill-treating the petitioner, an academician (sic),” said Justices Nitin Sambre and R N Laddha in the August 4 order released on Thursday.

They awarded compensation of Rs 25,000 to Kamal Tiwari and directed it to be paid to the Maharashtra State Legal Services Authority within six months. The state will recover the amount from the salary of the IO, Anand Pagare, who is currently posted as inspector at Police Training Centre, Daund.

The NDA had sent Tiwari’s 41% disability certificate issued by Sassoon Hospital, Pune, on December 1, 2012, to the facility for verification. The hospital said it couldn’t trace the original record, prompting the NDA to lodge a police complaint in May 2016 that Tiwari, who had joined as assistant professor (sociology), had produced a forged certificate. Tiwari was booked under Sections 420 (cheating), 467 (forgery), 468 (forgery for purpose of cheating), and 471 (using as genuine a forged document) of the IPC.

In September 2016, the hospital wrote to the IO Pagare that the original record had been traced.  The investigating officer Pagare intentionally and deliberately overlooked the same and purely with an intention to initiate malafide prosecution has charge-sheeted the petitioner in July 2017. 

In June, the judges issued a contempt notice to IO Pagare after he “intentionally” ignored their query on whether he had looked into the record. In his reply, Pagare said he had recorded the statements of two doctors who denied signing the certificate. He said it was his first posting. The judges said he was expected to verify the certificate’s genuineness.

Tiwari’s advocate Jagdish Reddy said he suffered because of Pagare’s vindictive attitude. Pagare’s advocate Satyavrat Joshi said he regrets the bonafide mistake and tenders his unconditional apology to the court and to Tiwari.

"Such act of the Investigating Officer, in our opinion, can be termed as causing mental agony, lowering down dignity and ill-treating the petitioner, an academician. The prosecution initiated by the said officer can be termed as malicious which has not only caused harassment to the petitioner but also immeasurable anguish. The fact that the petitioner, a handicap person is an academician having good repute an employee of National Defence Academy, Pune and the acts done with clandestine manner by the Investigating Officer, in our opinion, warrant award of compensation as has been prayed by him. Counsel for the petitioner magnanimously stated that he is not interested in the amount of compensation which can be made over to the Legal Services Authority, however, the Investigating Officer should realize his mistake which should be pinching for bias and malafide criminal prosecution against the petitioner. In the backdrop of aforesaid observations, we deem it appropriate to award compensation of Rs.25,000/- by Mr.Anand Pagare, Investigating Officer to be paid to the Maharashtra State Legal Services Authority within period of six months from today." observed the bench.

The bench discharged the contempt notice with the following obervations:

"As far as contempt notice is concerned, we hereby warn the investigating officer Mr Anand Pagare, Police Inspector presently attached to Police Training Centre, Nanvij Daud, Pune to be more diligent in carrying out his duty as a police officer. With above warning, we discharge the contempt notice."

Read the Order:

Bombay HC threatens contempt proceedings if State didn't provide information about implementation of 5% reservation in land allotmment to persons with disabilities at concessional rates under RPWD Act.

Court: Bombay High Court 

Bench: Hon'ble Justice Gautam Patel and Hon'ble Justice Neela Gokhale

Case No.: Writ Petition No. 583 of 2020

Case Title: Rajendra Petrus Lalzare Vs. State of Maharashtra & Ors.

Date of Order: 31 July 2023

Next Date of Hearing: 21 Aug 2023

Case Brief:

The Bombay High Court has issued a stern warning to the Maharashtra government for its failure to provide a meaningful response to the court's query regarding the implementation of a 5 per cent reservation in land allotment at concessional rates for disabled persons under the Disabilities Act. The court has threatened to initiate contempt proceedings against government officials if a proper reply is not filed.

The bench expressed, "This is the most shameful state of affairs. We are not even on the merits of the Petition, but only on the failure of the Government to furnish a meaningful response."

The case was brought before the bench by petitioner seeking the enforcement of Section 37 (c) of the Rights of Persons with Disabilities Act. This provision mandates that the government should create schemes favoring disabled individuals and allocate 5 per cent reservation in the allotment of land at concessional rates for various purposes, including housing, shelter, occupation, business, and recreation centers.

The petition was filed in 2020, and since then, it has been listed for periodic hearings. However, on every occasion, the government has sought adjournments to submit its affidavit, resulting in delays. In June 2022, an additional government pleader orally informed the court about the government's contemplation of issuing general directions to reserve 5 per cent of land for persons with disabilities. Despite this assurance, the government has not taken the necessary action.

The bench pointed out that the government's response, citing the Maharashtra Land Disposal Rules, did not address the court's specific query. The court emphasised the government's obligation to file a proper affidavit outlining the steps taken under Section 37 (c) of the Disabilities Act.

The bench said, "Now we are making it clear that while we are accommodating the learned AGP on personal grounds, we will not grant further time on the next date under any circumstances. If the Affidavit that is said to be filed in purported or ostensible compliance with orders of this Court does not answer the question of steps taken under Section 37(c) of the Disabilities Act, we are putting all concerned in the Government to notice that we will have no choice but to proceed against those officers, if necessary, in suo moto contempt for disobedience of orders of this Court. If the matter is being stood over by two weeks to accommodate the learned AGP, that time should be better utilised to make amends and to clarify the stand of the Government in accordance with the orders of this Court."

The court has granted the state government a final opportunity to file a meaningful response and set the next hearing for August 21, 2023. If the government fails to comply with this directive, the court warned that it may take suo motu contempt action against the responsible officers for disobeying its orders.

Read the Court Order below:

Bombay HC- RBI says it is aware of concerns of visually impaired but issueing new banknotes a huge task (Ongoing matter)

Court: Bombay High Court (Mumbai)

Bench: Hon'ble Acting Chief Justice Shri Nitin Jamdar and Mr. Jusitce Shri Arif S. Doctor

Case No.: PIL/13/2019 (Original) [Previous references: WP lodging No. 2038 of 2016, WP No. 2420 of 2017]

Case Title: National Association for the Blind (India) Vs. Reserve Bank of India and 2 Others.

Subject:  Inaccessibility of bank notes and coins to blind and visually impaired.

Date of Order: 19 July 2023

Earlier Order: 28 June 2023

Next Date of Hearing: 11 October 2023

Case Brief:

The Reserve Bank of India in an affidavit tells the the Bombay High Court bench that while it acknowledges the concerns of visually impaired persons regarding identification of currencies, introducing new banknotes was a monumental task that is extremely complicated and time-consuming process extending over a period of 6-7 years and also entails heavy expenditure.

The affidavit was filed in response to a petition by the National Association ofthe Blind (NAB), claiming new currency notes and coins issued by the central bank posed difficulty for visually-impaired people in identifying and distinguishing them.

The affidavit said the process adopted before introducing new series of banknotes involves multiple considerations, including incorporation of visually impaired-friendly features, security, and design features to make them counterfeit deterrent.

"The RBI is aware of and acknowledges the concerns of the visually impaired persons regarding identification of banknotes. The work on the next series of banknotes has been underway since 2017," it said.

"Introducing a new series of banknotes is a monumental task. This has to be thought through carefully because having multiple series of banknotes of different sizes and features of the same denomination would cause more confusion than resolve the problem," the affidavit noted.

The central bank pointed out that the expenditure that would be incurred in introducing a new series of currencies would be high. The affidavit said the annual expenditure towards security printing was pegged at Rs 4,682 crore.

"This annual amount was not for introducing a new series but merely for printing notes to replace old, soiled, damaged notes and to meet the incremental demand of banknotes," it said.

The cost of introducing a new series of banknotes will be much higher and will include expenditure towards adaptation of paper production, printing machines and the entire currency dispensation and processing eco-system to any proposed changes, the document said.

The RBI urged the HC to dismiss the NAB's petition with cost claiming it has taken all necessary steps in studying the grievance highlighted in the plea and was examining the matter with due seriousness.

On Wednesday, NAB advocate Uday Warunjikar sought the court to not dispose of the plea and said the RBI has not made a positive statement in its affidavit.

RBI counsel Venkatesh Dhond said the petitioner has a unipolar thought but the central bank has to consider several points. Dhond sought further time from the HC for the banking regulator to consider the issue. The division bench headed by Acting Chief Justice Jamdar then posted the matter for further hearing after 12 weeks.

The RBI affidavit pointed out that central banks across the world generally change the design of banknotes and introduce new security features once in a decade primarily to make counterfeiting difficult.

The RBI also follows the same policy but the periodicity is not fixed and is dependent upon several factors such as number and quality of counterfeit notes detected, existence of other perceived threats to the security of the national currency and changes in national policies, it said.

The affidavit maintained the last time a series of banknotes were introduced was in 2016 and this was preceded by an elaborate process of consultation among various stakeholders.

"This process included the constitution of a design committee in 2010 comprising field experts to make recommendations on the design/size of the new series of banknotes, including making them sensitive to the requirements of the differently abled persons," it said.

"Considering the needs of the visually impaired persons, features such as intaglio, identification marks, bleed lines and so on have been included in the banknotes in addition to the difference in size of various denominations though the same were reduced from the earlier series to make them aligned with international norms and to make them more wallet friendly," the RBI said.

The process also involves taking feedback from representatives of two national-level associations of visually impaired and to "the extent feasible, their concerns will be factored in the next series of banknotes", said the affidavit.

Read the Order dated 19 July 2023 below:

Bombay HC directs BMC to consider use of technology (elevators etc) for all skywalks to make them friendly to senior citizens and persons with disabilities. [Judgemnet included]

Court: Bombay High Court

Bench: Hon'ble Mr. Justice Girish Kulkarni and Hon'ble Mr. Justice R N Laddha. 

Case No. : WP/771/2023 [Original]

Case Title: K.P. Purushothamna Nair of Mumbai VS.  Municipal Corporation of Greater Mumbai

Date of Judgement: 24 April 2023

Subject: Safe and Acessible Pavements / Pedestrian Facilities, Accessibility of Skywalk to persons with disabilities and senior citizens. 

Brief:

On a petition by an HC staff-turned-lawyer K P P Nair, a Bandra resident, the BMC has been directed by the Bombay HC to install mechanical walkways and elevators at both ends of skywalks to help the senior citizens and persons with disabilities in commuting every day. It also ordered that in future, in all skywalks, the BMC must consider the use of technology to make these more sturdy and beneficial for all commuters.

The petiton raised important questions of accesssibilty of pedestrian facilities for the senior citizens and persosn with disabilities.  He narrated that everyday thousands of persons commute between Bandra Railway Station, on Bandra East side towards MHADA End. This segment faces a junction which has a flow of heavy traffic as pedestrians are required to also cross the Western Express Highway. He has submitted that there is only one pavement which is required to be used by these commuters which gets unimaginably crowded, thereby creating a routine situation of accidents taking place and that such a chaotic situation is totally against the interest of the commuters. 

The HC had on an earlier hearing dated 20 March 2023 observed that commuter safety is paramount and any mishap occurring due to non-availability of a safe footpath or walkway would amount to a breach of fundamental rights guaranteed under the Constitution to the citizens. The bench noted the Central and Western railways as also the Metro have provided such mechanisms at several railway stations, including escalators. Asking the BMC to consider it too, the bench said, “Benefits of modern technology need to be made available to the commuters, to maketheir commuting life in Mumbai more easier and comfortable. ” 

“We are sure that such aspects as highlighted by us would be considered and borne in mind by the MCGM in consultation with all other authorities, so that not only the proposed skywalk but also all existing skywalks in the city are made ideal, for their best possible utility, so as to achieve the purpose for which they are constructed,” 

The steps being taken by the MCGM and more particularly, that within a period of 15 months from the date of award of the contract, the entire work of restoration of the sky-walk in question would be completed, is a welcome measure being taken by the MCGM. We accordingly dispose of this petition accepting the statements as made in the reply affidavit and permitting the MCGM to progress the work with all expediency, expresed the court in its order disposign off the petition. 

Read the judgement:

Bombay High Court declares BMC circular illegal, directs payment of full salaries to disabled employees for absence during pandemic period

Dear Colleagues,

Please refer to my earlier post  'NAB takes the BMC to High Court for denying full salaries to disabled and older employees during lockdown' detailing the public interest litigation filed by the National Association of Blind after the civic body did not pay full salaries to the 268 visually impaired employees.

Accepting the petitioner's contention that the country’s richest civic body had shown “its inhuman an insensitive face, much to the detriment and prejudice of its physically disabled employees” the Division Bench of Chief Justice Dipankar Datta and Justice G.S. Kulkarni of the Bombay High Court, in their 63-page judgment passed on 28th October 2020 (Wednesday),  has held that the BMC's circular and its action of withholding pay during the pandemic were illegal and said, "we direct the corporation to ensure that none of the physically disabled employees, who did not report for duty during the pandemic are denied pay benefits “which they would have been entitled to, but for the pandemic and had they reported for duty”.

On 27 March 2020, the central government through an OM issued by DoPT exempted all government employees with disabilities from reporting for duty during the lockdown saying, "“All ministries and departments are advised to exempt persons with disabilities (PwD) from duties while drawing up roster of employees required to attend to essential services”.

Similar directions were issued by the Maharashtra government on 21 April 2020 exempting disabled employees from attending offices and that the period of absence may be treated as Special Leave without loss of pay. 

On May 2, the BMC announced that its disabled staffers were entitled to a special leave without loss of pay. But, on May 26, it issued a circular  that it was not a special leave, but a permissible leave which requires sanction and involves a pay loss. The circular directed that its disabled employees be given leave which is permitted under the Municipal Services Act. Under this, if these employees have used up sanctioned leaves, they will not get a salary if they don’t report for work. The BMC has nearly 1,150 physically disabled employees, including 278 visually impaired.

The judges noted that while the BMC initially favoured exemption, a “change of mindset resulted in revision of its earlier decision” and it was not backed by tangible evidence of physically disabled employees not facing inconvenience or discomfort while travelling to their workplace or “reference to any incident that could act as a trigger for such decision”. “If the civic body was not inclined to offer financial benefits, like pay physically disabled employees who do not report for duty, it was its duty as a model employer to make special arrangements for public transport or special measures to ensure hassle-free travel for these employees...”

The judges added that the right to free access is a right guaranteed by the Right of Persons with Disabilities Act 2016. Although it casts a duty on the state, nothing prevented the BMC as local authority from taking suitable measures for its physically disabled employees.

The judges said the BMC’s ‘flip-flop’ has intrigued them and there was no explanation for it. “This volte-face deserves to be viewed seriously and disapproved strongly.” 

The court said, “The circular requires judicial intervention. The circular and its action of withholding pay is held illegal.”  The Bench said that the payment must be made in two instalments, the first must be paid before Diwali and the second must be paid within 45 days from the date of the first instalment.

Watch out this space for the PDF Judgement soon...

Bombay HC: Can’t fix cut-off for filling up identified and reserved posts for persons with disabilities

Court: Bombay High Court

Bench: Justice NARESH H. PATIL AND Justice Z.A. HAQ, 

Case No: WRIT PETITION NO.1356 OF 2014

Case Title: Karanti Goyal Vs. Union of India & Ors.

Date of Judgement: 27 Sep 2017

Brief: 

A division bench of Bombay High Court consisting of Justice Naresh Patil and Justice ZA Haq has ruled that it was necessary to prepare a merit list of visually impaired people, and consider candidates from this list, without fixing benchmark or cut-off marks for filling up reserve seats for persons with disabilities. 

There cannot be any benchmark or cut-off for filing vacant posts earmarked for people with disabilities, said the  Bench. The court struck down the decision of the Union Ministry of Fnance to not appoint a visually impaired candidate to its economic and policy research department, as no one could cross the bench-mark fixed by it.

The bench said it was necessary for the department to prepare a separate merit list of visually impaired people, and consider candidates from this list according to merit, without fixing benchmark or cut-off marks. “In our view, once the post was identified and reserved for visually impaired person, then fixing cut-off marks for selection of the person for that post was impermissible,” observed the court. 

The bench was hearing a petition filed by Kranti Goyal, a visually impaired person, who had applied for the post of research officer in the Economic and Policy Research Department. He approached the high court after the department decided not to select any visually impaired candidates on the grounds that none of them could cross the cut-off of 210 of 350 marks in the written examination. The petitioner said the department had set the same benchmark for candidates from the general category and the visually impaired category – and merely granted 7% extra marks to visually impaired people.

The court held that by fixing cut-off marks for the visually impaired people on par with the general category candidates, the ministry and the department had acted arbitrarily and contrary to the object of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. It said granting 7% grace marks was not a sustainable criteria.

The court has now directed the central department to prepare a separate merit list for visually impaired people and select a candidate from among them.

Read the Judgement

Bombay HC: Upholds rejection of a candidate with Colour Blindness for admission to FTII

Court: Bombay High Court (civil appellate jurisdiction)

Bench: Justice Shantanu Kemkar and Justice Prakash Naik 

Case No.: Writ Petition No. 12296 of 2016

Case Title:  Ashutosh Kumar Dariyapur Gola Vs. The Film and Television Institution of  India & Anr        

Date of Judgement: 07th March, 2017

Brief:

The Bombay high court on Tuesday upheld the decision of Film and Television Institute of India (FTII) not to grant a colour blind candidate admission to the film editing course.

A divison bench gave their verdict on a petition by Patna based Ashutosh Kumar who was short listed for the post graduate diploma course in film editing. During medical examination he was found to be colour blind and his admission was declined in view of FTII Rules which state that colour blind candidates are not entitled to get admission in various courses including film editing.

Kumar's advocate Kartikeya Bahadur argued that colour blindness is neither a blindness with the meaning of Persons with Disabilities Act and as such the denial on the  basis of colour blindness is illegal. The judges took note that FTII has set up an admission committee of experts from various fields to review the admission criteria.

The bench said when an expert body has fixed eligibility criteria and carved out six courses in which colour blind candidates are not found suitable, the action of  FTII denying admission cannot be said to be illegal or arbitrary. "Keeping in mind the aforesaid, we are of the view that the petitioner being a candidate suffering

from disability of colour blindness, he cannot claim admission in the course in question, in which according to FTII Rules framed by expert body, he cannot be allowed,'' it added. The judges also noted that in the absence of any mala fide or arbitrariness alleged by Kumar against FTII there is no need for the court to  interfere.

Bombay HC passes directions to Railways on facilities for disabled; seeks compliance report by 02 May 2017

Dear colleagues,

The Bombay High Court while hearing Writ Petition (Civil) 1684 of 2016 titled Nitin Arjun Gaikwad  Vs. The Union Of India And Ors, on Wednesday, the 25th January 2017, has passed directions to the Railways to :

• provide facilities to disabled passengers travelling in local trains 
• CCTV cameras inside reserved compartments
• special seating arrangements in the platform for the disabled
• and a a helpline facility for disabled passengers.

The division bench of Shri Justice A S Oka  and Smt. Justice Anuja Prabhudessai also directed the Director General of the Police to issue a circular to police stations in the state to take disciplinary action against police personnel who travel illegally in coaches meant for the disabled.

“The railways must appoint special officers to look into grievances of disabled passengers and also to ensure there is no unauthorised entry and travel by general public or police personnel in these reserved compartments. Despite several complaints made about this unauthorised travel, no action has been taken and neither measures to stop this. It is very shocking that the police themselves are violating the law." the Court observed.

The petitioner, Mr. Nitin Arjun Gaikwad who himself is a person with disability had filed a petition stating unauthorised commute by railway and police officials in the reserved compartments and about various facilities and measures promised to the disabled in platforms and trains which have not been implemented yet, despite orders passed by the Commissioner for Persons with Disabilities (CPD) which had directed the railways to implement these measures.

The court, while taking a note of the order by the State Commissioner for Persons with Disabilities appointed under the Disability Act of 1995 said, “Apart from CCTVs and seating arrangements for the disabled, a helpline should be activated so that passengers can immediately whatsapp or SMS about unauthorised commute and the railways and the police should appropriately respond and take action immediately.” The court also said that a special drive with extra police personnel should be carried out at various railway stations to create awareness on reserved coaches to ensure nobody travels illegally in coaches meant for the disabled.

The court has directed the railways, the Director General of Police (DGP) and the State Home Department of Maharashtra to submit a Compliance report affidavit regarding the steps taken, on May 2, 2017.

The matter was deferred on 18th Jan 2017 for 25th Jan 2017 for directions at the orders of the Court. 

Indian Currency not friendly to Blind, NAB files petition in Bombay High Court

Dear Colleagues,

Coins of various denominations and notes of Rs 100 and Rs 500 have no different identification marks which will help blind persons in differentiating among them claims a petition filed by the National Association for Blind (NAB), before the Bombay High Court. Advocate Uday Warunjikar, who has moved the petition, said: "Under provisions of the Persons with Disabilities Act, there are various provisions which have been made by the government for safeguarding the interest of the disabled. Several provisions are also there for ensuring a disable-friendly environment. However, in the present coins and notes it is difficult for persons who are blind or with low vision to differentiate between them."

The petition states that the problems of identification have been aggravated in the last few years. Earlier, blind or low vision person were easily able to identify coins and notes. There were unique marks on each coin; some coins were raised/embossed and tactile. Moreover, on a written request sent by RBI and Mint asking for feedback from NAB on the shape of coins and notes. A detailed suggestion was forwarded to the government in which it was said that there is no much difference between Rs 100 and Rs 500 notes. Coins of Rs 2, Rs 1 and Rs 50 paise are similar, there should be coins with proper borders, different designs, shapes, different textures for avoiding confusion, nothing is being done.

The plea says the suggestions were given last year and it was expected that appropriate decision would be taken. However, till now nothing is being done to address the issue. Earlier, the association would teach blind persons to identify currency notes. Now, it has become difficult to educate them. The petition prays for directions to the authorities to place on record steps it has taken to protect the rights of blind persons to have access to information about the currency notes and coins. Direct the respondents to make changes in the currency notes and coins to help blind persons easily identify them.

Source: DNA

Two High Courts direct Extra time, reasonable accommodation & reservation in CSE 2014

Dear Colleagues,

Two High Courts - Delhi and Bombay decided against UPSC and DOPT and in favour of Persons with Visual Impairments in two matters filed before these courts challenging the constitutional validity of UPSC's Notification Civil Services Examination 2014 as it was against the rights of persons with visual impairments granted by the Persons with Disabilities Act 1995.

The Bombay High Court delivered final judgement ensuring in brief the following:

• Reservation of 39 for 1291 vacancies not 26 as in the impugned advertisement
• 13  for Visually Impaired and not 2 as in the impugned advertisement
• 20 mins time per hour not 10 min. as given in the impugned advertisement
• Talking calculators for visually impaired candidates wherever general candidates are allowed calculators.
• Large fonts to be provided on request from the next exam. Not applicable for the Prelims on 24th August 2014.

The Delhi High Court passed an interim order ensuring the following:

• No stay on the exam as DOPT indicated that they had given 6 vacancies to persons with disabilities, 2 each to the three disabilities act per the Act of 1995 in the IAS. However, DoPT explained it was not the cadre controlling authority on remaining 19 services.
• 20 Minutes time per hour as against the 10 minutes given in the impugned notification.
• Court also passed some positive remarks on the powers of Chief Commissioner Disabilities and differentiated the Guideline on scribe have statutory force which could not be overridden by the executive order of the CSE 2014 notification.
• Asked the UPSC not to disqualify candidates with visual impairments on the grounds of no vacancies.
• Since no information was available about reservation status in 19 cadres other than IAS, the court also directed UPSC  to ensure proper assessment of number of vacancies reserved for visually impaired candidates in conformity with Section 33 of the Disabilities Act and notify the same before the schedule for Mains examination is fixed.

On Powers of CCPD

Stressing on the powers of the CCPD, the Delhi High Court held that the Chief Commissioner for Persons with Disabilities (CCPD) is an authority appointed under Section 57(1) of the Disabilities Act, 1995 for the purposes of the said Act.   Section 58 of the Disabilities Act, 1995 provided for the functions of the CCPD which included taking steps to safeguard the rights and facilities made available to persons with disabilities.That being so, the guidelines dated 26.02.2013 issued by the Ministry of Social Justice and Empowerment on the recommendation of CCPD apparently for the purpose of safeguarding the rights and facilities made available to persons with disabilities, cannot be treated as mere executive instructions as sought to be contended by the respondents.  Please refer to my earlier blog entry dated 25 Sep 2012 on making these guidelines.

The court clarified that the guidelines dated 26.02.2013 on Scribe issue which are issued for effective implementation of the provisions of the Disabilities Act, 1995, have statutory force and are bound to be implemented by all the departments and authorities.

The court further held that it is no doubt true that UPSC is a Constitutional and independent body, however, the Civil Services Examination Rules - 2014 issued by the Department of Personnel & Training vide notification dated 31.05.2014 which are only in the nature of executive instructions, cannot override the statutory guidelines dated 26.02.2013 issued in terms of the provisions of the Disabilities Act, 1995 to ensure that a uniform and comprehensive procedure is prescribed for conducting examination for persons with disabilities.

To access the interim order of Delhi High Court  click below :

WP (C) 3919 of 2014 titled Sambhavna Versus Union of India and Ors. (Order in PDF Image 11 pages - may not be accessible for screen readers).

Accessible copy of the above Order dated 19 August 2014 is now available.  Please click here: Order dated 19 Aug 2014 in WP(C) 3919 of 2014

To access the Judgement of Bombay High Court click below:

WP (C) 5953 of 2014 titled Sujit Shinde and Anr Versus UPSC and Anr. (Order in accessible PDF and runs in 19 pages)

Media coverage in Indian Express on the issue:

No stay on Prelims, but HC takes up issue of seats for visually impaired

Express News Service | New Delhi | August 20, 2014 3:21 am

Granting relief to Civil Services aspirants, the Delhi High Court has refused to issue a stay on the preliminary exam for Civil Services 2014, but has directed UPSC to look into the issue of reservation of seats for visually challenged persons as per the Persons with Disabilities Act 1995.

The court has also directed that visually challenged candidates will get 20 extra minutes per hour for every hour of the examination in both the Preliminary and Main exams as per the 2013 guidelines given by the Ministry of Social Justice and Empowerment.

NGO Sambhavana had sought a stay on the UPSC preliminary examination, alleging that the allocation of seats violated the provisions of the Persons With Disabilities Act 1995, which clearly reserved 1% seats for visually challenged people, out of a total of 3% reservation for disabled candidates.

The NGO in its plea had also stated that executive rules issued in May 2014 by the Ministry of Personnel and Public Grievances had reduced the time granted to visually challenged candidates to only 20 minutes extra time in the preliminary exam, which also violated the rules made under the Disabilities Act.

The May 21 notification of the UPSC had advertised for 1,291 vacancies, but had specified 26 seats for disabled candidates, with only two seats reserved for visually challenged persons.

The court of Chief Justice G Rohini and Justice R S Endlaw in its order on Tuesday declined to stay the preliminary exam, but directed that none of the visually impaired candidates should be disqualified in preliminary examination on grounds of no vacancies.

Noting that the data on exact number of vacancies had been received only for the IAS cadre and not for the other 19 services, the court has directed the UPSC to “ensure proper assessment of number of vacancies reserved for visually impaired candidates in conformity with 1% reservation provided under Section 33 of the Disabilities Act, 1995 and notify the same”, before the schedule for Main examination is fixed.

“Out of 180 vacancies sought to be filled up in IAS on the basis of Civil Services Examination-2014, six vacancies are reserved for candidates belonging to physically handicapped category, i.e., 2 each for visually impaired, hearing impaired and locomotor disability. Thus, for IAS itself two vacancies are reserved for visually impaired. What is the vacancy position in the other 19 services that are identified suitable for physically disabled category is not known. The counter-affidavit filed on behalf of UPSC is silent on this aspect and no particulars have been furnished about the number of vacancies furnished by the other Cadre Controlling Authorities,” noted the court.

Further, the High Court has pulled up the UPSC for failing to implement the rules made under the Disabilities Act regarding extra time for visually challenged candidates.

Bombay HC panel to evaluate the prototype of Accessible Railway Station

Dear Colleagues,

This is further to my earlier post on 29th Jan 2012 titled Bombay High Court directs Railways to be Sensitive to Disabled.

There is some development in the case pending in the Bombay High Court against the Indian Railways, however, this doesn't seems encouraging as an important member of the High Court appointed panel Mr. Sudhir Badami feels, "The railways should have involved us right at the stage of drawings. I have visited these facilities but they are not up to the mark," 

The Railways have put up a prototype of disabled-friendly low-height booking counters, a separate toilet and drinking water dispensing facility has been set up at Dadar station. 

"If the panel appointed by the high court gives its approval, Central Railway will start constructing similar facilities at other stations," said a senior Railways official. Western Railway has created a such facilities at Bandra Terminus. Currently, there are only six disabled-friendly toilets at 109 local stations in Mumbai. 

This is a result of a petition  filed by the India Centre for Human Rights and Law in the Bombay HC seeking directives to the railways to provide "accessible facilities at stations and on suburban trains"  which is pending adjudication in the Bombay High Court. 

Source: The Times of India

Bombay High Court rules Doctors with disabilities can not be denied admission to PG Courses

Please refer to my earlier post in which the Bombay High Court had allowed admission of a disabled girl to the MBBS Course. However, it seems MCI doesn't want to be pro-active in considering disability from a human angle (doctors have been trained to look at disability from a medical angle... so it may not be their fault, its a systemic problem! :-)

However, MCI may learn from the increasing number of cases getting reprieve from the High Court on such issue and frame a disability friendly policy rather than a medically oriented "degree of disability" policy without any human touch and effort to see the ability in the disability !

Three disabled doctors get high court's reprieve

MUMBAI: Three disabled doctors who were denied the chance for admission to PG Medical Courses have got reprieve from Bombay High Court.  A division bench of Chief Justice Mohit Shah and Justice Ranjit More, in an interim order, directed authorities to consider their case for admission to a PG course in (medicine) or in a non-surgical branch. 

"(Their case would be considered) under physically handicapped category by considering (them) to be eligible for such reservation and on the basis of performance in the CET," said the judges. 

The petitions challenged the constitutional validity of the rules, which said that a candidate with more than 70% disability of the lower limbs cannot be considered to be eligible for admission. The lawyers for the petitioners said the MCI had erred in not considering that the medical courses can be divided into several categories. Dr Manoj Landge, Dr Rakesh Ukey and Dr Astha Ganeriwal were considered ineligible for admissions under this rule.  

Bombay HC - Termination of Driver with Colour Blindness quashed, given protection of section 47; Disabilities Act 1995

Dear Colleagues,

In the instant matter, the division bench of Justice S A Bobde and Justice M N Gilani of Bombay High Court has agreed that the case of a civil mechanical transport driver employed by the Indian Air Force who was sacked from his job after he was found to be colour-blind is covered under Section 47 of the Persons with Disabilities Act 1995 and as a result quashed the termination order of Pramod Sadashiv Thakre.

Under the Persons with Disabilities (Equal opportunities, protection of rights and full participation) Act 1995 - a benevolent legislation- an employee who acquires a disability during his service cannot be thrown out of his job. In case, he is unable to do the present work for which he was employed, it is the employer's duty to transfer him to another post or give him a supernumerary post.

Thakre was appointed as a civil mechanical transport driver in 2003. According to Thakre, he was found fit for the appointment on the basis of a civil surgeon's medical certificate, which declared him normal. Two years later in August 2005, his services were terminated on the grounds that he had been found to "suffer from colour-blindness". The CAT set aside the termination order, but the Union Ministry of Defence and the Indian Air Force approached the Nagpur Bench of Bombay High Court against the order of the Central Administrative Tribunal, Bombay Bench, Camp at Nagpur.

The Union of India claimed that Thakre could not have acquired the colour-blindness during his employment as it was congenital. The High Court, however, did not buy the argument, "Firstly, no medical evidence was placed on record to establish that colour-blindness can only be congenital and cannot be acquired.  Moreover, there is no evidence on record that Thakre was colour-blind when he was employed. The petitioners accepted the respondent's fitness by relying on the certificate granted to him which sets him as normal," the judges said while upholding the CAT order. The court said that the IAF did not administer any test to check if he was colour blind.

Judgement Included

Click here for the Judgement dated 24 Feb 2011 by the Central Administrative Tribunal in OA No.   2117/2006 titled Pramod Sadashiv Thakre Vs. Union of India & Ors.

Click here for the Judgement dated 19 October 2011 of the Hon'ble Bombay High Court Writ Petition No. 3620/2011, titled Union Of India vs Pramod Sadashiv Thakre