Chhattisgarh HC directs the PSC Raipur to appoint Visually Impaired Candidate who was denied appointment despite her merit position as the assistant did not mark her Physically Disabled in the form.

Court: Chhattisgarh High Court, Raipur

Bench: Justice Narendra Kumar Vyas

Case No.:  WP(S) 4572 of 2020

Case Title: Bhojkumari Patel Vs. Chhattishgarh Public Service Commission Raipur

Brief

The Chhattisgarh high court has allowed a writ petition, filed by a 26-year-old visually impaired girl, Ms. Bhojkumari Patel and directed the state public service commission (PSC) to issue a selection list so that the higher education department can appoint her assistant professor of political science in the ‘blind’ category. 

The bench ordered the PSC to complete the process within 15 days of receiving the order, and the higher education department to issue an appointment order to petitioner within a month. It is not in dispute that the petitioner is 90% blind, the court said, adding that she fulfils all the criteria for the appointment and even “stood in the merit position” in the exam for assistant professor (blind category), yet her appointment has been denied.

The court said the inaction of the PSC in issuing an appointment order to a person with a disability goes against the aims and object of Rights of Persons with Disabilities Act, 2016.

Bhojkumari Patel shared that she had to fight a legal battle for one and a half years to get justice because of an inadvertent error when she took assistance at a cybercafé to fill her application. She is hopeful of getting her  appointment order by December 2022.

The PSC had issued an advertisement on August 23, 2019, for appointments to the post of assistant professor. Patel has a masters’ in political science and cleared NET. Her blindness certificate was issued by Dr Rajendra Prasad Centre for Ophthalmic Sciences, AIIMS-Delhi.

Being 90% blind, she was allowed the assistance of scribes to write the examination. She secured the highest mark in her category and was selected for the interview phase. She was shocked when she didn’t find her name on the list of selected candidates. 

On inquiring, she found that the person who helped fill her application had clicked ‘no’ in the column for ‘physical disability’. Therefore, she was not selected. She then submitted an application with the PSC on June 21, 2021, for rectification of the mistake, but it was not considered, her counsel submitted in court, pointing out that her admit card clearly said she was 90% visually impaired. The court passed an interim order on July 5, 2021, for reserving one post in the physically handicapped (blind) OBC female category. 

During the pendency of the petition, the state sanctioned six supernumerary posts in the blind category on November 30, 2021, in which two were for political science. The state had asked the PSC to send the selection list against these posts, but it had not considered the case of the petitioner. 

Patel’s counsel argued that scribes are provided only when a person is more than 40% disabled, and here the petitioner is 90% blind, which has been certified by the government doctor

On Kerala SCPD's directions, Kerala University decides to permit 100% visually impaired to pursue Science Course

The Academic Council of Kerala University on 16 Sep 2022 has taken a decision to permit 100% visually impaired student to pursue BSc Physics course after an applicant, who had scored 100% marks in the higher secondary examination, was unable to submit her online application for admission and she had to subsequently petition the State Commissioner for Persons with Disabilities. The SCPD issued an order under provisions of the Rights of Persons with Disabilities Act, 2016 directing the Kerala University to do the needful. 

Before the current decision of the academic council, the undergraduate (UG) prospectus of the university has thus far permitted admissions for only visually impaired candidates with less than 40% disability to Science subjects which is contrary to the provisions of the RPWD Act. 

The council factored in various impediments during the discussion, including the low availability of Physics texts in Braille and prominence of practical work in Science subjects. It was decided to extend assistance, including the provision of scribes for regular practical work and examination in laboratories. The number of experiments will also be reduced to one-third of the total that must be completed by a regular student.

It is hoped that this decision will enable more disabled aspirants to pursue higher education, particularly in Science and Mathematics in Kerala University. More Higher Education Institutes need to change their admission norms not to restrict students from admitting in the courses on the basis of their disability. On the contrary, the HEIs should focus on providing reasonable accommodations to applicants and creating a mechanism for such aspiring students to approach the HEI seeking such accommodations. 

The HEIs have to be cautious that they do not lower the course contents but enhance the support systems and better assistive technology solutions. This would be in line with the Accessibility Guidelines and Standards for Higher Education Institutions and Universities June 2022 issued by the University Grants Commission, Ministry of Education, Govt. of India under the Rights of Persons with Disabilities Act 2016.

Related Source: The Hindu