While observing that it is just and proper that persons with disabilities also find a place in the elected boards of the statutory bodies, the Madras High Court has asked the Ministry of Social Justice and Empowerment as well as the Chief Commissioner for Persons with Disabilities to take appropriate steps in this regard.

The High Court was considering a Writ Petition filed under Article 226 of the Constitution seeking issuance of a direction to the respondents to identify elected representatives to Statutory bodies under Central and State Acts for disabled persons.

The Division Bench of Justice G.R. Swaminathan and Justice V. Lakshminarayanan held, “Now that we have brought it to the notice of the first and second respondents about the fact that persons with disabilities have not been represented in the elected boards of the statutory bodies, we direct the respondents to undertake appropriate steps in this regard.”

Advocate A.Manojkumar represented the Petitioner while Advocate K.Ramanamoorthy represented the Respondents.

Factual Background

The petitioner, a practicing lawyer and afflicted with polio paralysis, had filed the writ petition in public interest. The petitioner's grievance was that persons with disabilities are not being represented in statutory bodies such as the Bar Council of India, National Medical Council, Dental Council of India, Pharmacy Council of India, etc.

Reasoning

The Bench noticed that the Supreme Court in Supreme Court Bar Association vs. B.D.Kaushik (2025) had directed that women should find due representation in the Executive Committee of the Supreme Court Bar Association. “While the Hon'ble Supreme Court of India in exercise of its power under Article 142 of the Constitution of India has issued such a direction, the High Court though being a constitutional court cannot issue any writ of mandamus unless the petitioner shows the existence of any legal right. However, we can certainly nudge the respondents to take appropriate steps in that direction”, the Bench said.

As per the Bench, the petitioner was justified in his contention that persons with disabilities are entitled to due representation in every walk of life. Reference was made to the Rights of Persons with Disabilities Act, 2016, providing 4% reservation. Further reference was made to Section 33, which mandates the Government to identify posts in the establishments which can be held by the respective category of persons with benchmark disabilities.

“It is only just and proper that apart from finding a place in educational institutions and in employment, persons with disabilities also find a place in the elected bodies”, it said.

The Court also explained that as per Section 75, the Chief Commissioner for Persons with Disabilities (Divyangjan) should promote awareness of the rights of persons with disabilities and the safeguards available for their protection. Thus, the Bench disposed of the Petition by directing the respondents to undertake appropriate steps concerning persons with disabilities being represented in the elected boards of the statutory bodies.

Cause Title: B.Rameshbabu v. The Union of India (Case No.: W.P No. 18378 of 2025)

Appearance

Petitioner: Advocate A.Manojkumar

Respondents: Advocate K. Ramanamoorthy

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Madras High CourtJustice GR SwaminathanJustice V. Lakshminarayanan

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.