The authorities cannot have a hyper-technical or insensitive approach while recruiting specially abled citizens to public service, the Bombay High Court observed. The court on Tuesday quashed the decision of the BMC to terminate the services of a 100 per cent hearing-impaired man. The civic body had terminated the man’s service after three-and-a-half years, on the ground that he didn’t fit the eligibility criteria of having knowledge of Marathi language.
The bench of Justices Ujjal Bhuyan and Madhav Jamdar was hearing a plea filed by Dharmendra Singh, a Kalwa resident, challenging the decision of the BMC to remove him from the job of labour, last year.
Singh was appointed under a special recruitment for specially-abled citizens in 2017. However, after service of over three years, the BMC noted that his class 10 marksheet didn’t mention marks against Marathi. It accordingly decided to sack him.
The judges found the approach against the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and the Rights of Persons with Disabilities Act, 2016. The bench further noted that the authorities didn’t grant a single opportunity to Singh to clarify his stand in the matter. The bench noted that the BMC didn’t contend that Singh failed to perform his duties properly.
“It is absolutely essential that a person who has been appointed in the employment of a public body like the BMC cannot be terminated without affording adequate opportunity as it will be violative of Articles 14 and 21 of the Constitution of India and also contrary to the principles of natural justice,” the judges held.
The judges said, “Once posts are identified by the state authorities for appointing differently abled persons, they should ensure that the criteria prescribed for recruitment to the said posts shall not themselves become a barrier thereby hampering full and effective participation of specially-abled persons to apply for the post.” They added that “such action would amount to discrimination...”
The judges further said, “We may remind ourselves that disability knows no barrier. As the Supreme Court has said, employment is a key factor in the empowerment and inclusion of people with disabilities. This must always be borne in mind by the employer while conducting such recruitment.”
source https://www.freepressjournal.in/mumbai/fpj-legal-sacking-public-servants-with-special-needs-without-hearing-violates-right-to-life-equality-bombay-high-court
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