Madras High Court Directs That Cases Of Persons With Disability Be Considered On Priority By All Departments

The Madras High Court has directed that representations made by people with disabilities are to be considered on a priority basis by all the State Departments.

The Court was considering a Writ Petition seeking direction to the Government Department for disposal of Appeal filed by the Petitioner for issuance of Community Certificate to him and his daughters.

The Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice G.Arul Murugan held, "When such is the constitutional as well as statutory mandate, the State Government is expected to act in furtherance of such objective and while considering the applications, or grievances, or appeals of persons with disabilities, the authorities of the State Government should act with greater degree of sensitivity and empathy than in other cases. The cases of persons with disabilities should be given precedence and the authorities should earnestly put their heads down to dispose of their applications, or grievances, or appeals betimes, rather than keeping it pending for a long time. In any event, such cunctation in deciding the appeal by the second respondent of well-nigh three years, as in the present case, is unfathomable."

The Petitioner was represented by Advocate V.Elangovan, while the Respondent was represented by Additional Government Pleader E.Vijay Anand.

The Court remarked that had it been any other case, it would have disposed of the same with a direction to the authority concerned to consider the Appeal within a stipulated period but the present case is one where the Petitioner happens to be a person with disability [visually impaired with percentage of disability assessed at 40%] and, as mandated under the Rights of Persons with Disabilities Act, 2016 [Act], it is the bounden duty of the appropriate government to ensure that such persons with disabilities enjoy various rights, such as right to equality, life with dignity, respect for his integrity, etc., equally with others, without any barrier, including communicational and attitudinal factors, which hampers the full and effective participation of persons with disabilities in society, as specially silhouetted in Section 2(c) of the Act.

Referring to the Supreme Court's decision in Rajive Raturi v. Union of India (2008), the Court stressed that Article 41 of the Constitution of India casts an obligation on the State to make provisions for safeguarding the interest of persons with disabilities.

"We are inclined to issue a direction to the Chief Secretary, State of Tamil Nadu, to issue necessary circular within one monthvdirecting all the departments of the State Government to ensure that whenever any appeal, or representation, or application is submitted by persons with disabilities, every endeavour is made to decide the same betimes", the Court directed.

The Petition was accordingly disposed of.

Cause Title: C.Somasundaram v. The Chairman, Teachers Recruitment Board

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