'Divyang' Man Forced To Ride Bicycle In Govt Job Interview | "State Failed Its Special Citizen": Allahabad HC Orders ₹5 Lakh Compensation

In a significant order affirming the importance of human dignity, the Allahabad High Court recently granted Rs. 5 Lakh compensation to a differently abled person (divyang) who was forced to ride a bicycle during an interview for an appointment on the post of Library Peon at a Government Degree College.

"The amount of compensation has been awarded to let the petitioner know, the State may take time to hear & understand its citizen and his plight but, it is neither deaf nor heartless as may ever remain indifferent, forcing him to drag his feet, almost literally, to this Court to seek justice. The citizen works at the heart of the giant being the State is. Unless the heart beats freely, the being cannot thrive," the bench of Justice Saumitra Dayal Singh remarked as it partly allowed the plea filed by 'Divyang' man Pradeep Kumar Gupta.

Significantly, the Court opined that the state was liable to compensate its 'special citizen' whose dignity was violated as he was humiliated at the instance of the State authorities, for no fault of his. The Court also emphasized that the State and its functionaries had failed to protect him, and the act of humiliation was against the mandate of the Constitution.

"...the State and its functionaries have not only failed a special citizen but also violated his fundamental right to life and liberty - for what worth is human existence if it is denuded of dignity and respect deserving its cherished existence. Deprived of dignity, liberty is a sea-shell washed to the shore, dead and of ornate value for others but worthless to the being that used to live within it," the Court further observed.

Case background

Essentially, the 56-year-old petitioner, who is a differently abled person having 50% locomotor disorder, applied for the post of a Library Peon at a Government Degree College in Saharanpur. The essential qualifications for the said post prescribed were Class V pass and ability to ride cycle. 

He was called for an interview, however, in the interview, the petitioner was not evaluated and he was purportedly asked to leave as he could not ride a bicycle, which test was insisted upon him though he could ride a tricycle with equal efficiency. Subsequently, a higher educational qualification (for the post of Library Peon) of High School was insisted and since the petitioner did not hold that qualification, he was excluded.

However, the petitioner moved to the HC claiming the violation of his rights and alleging humiliation caused to him, mainly by the then Principal of the Government Degree College, who interviewed him. He also alleged hostile discrimination having been practised by the State respondents and a complete violation of his special rights under the Rights of Persons with Disabilities Act, 1995. 

He also argued that only to deprive him of an opportunity of employment, the selection process was stalled and higher educational qualification (than that possessed by the petitioner), was pressed so that the petitioner could be excluded from the zone of consideration.

Court's observations

At the outset, the Court noted in absence of post identification and reservation made for a person with a locomotor disability, the petitioner could not have claimed a right to be appointed on the post of Library Peon upon claiming reservation under the Old 'Disability Act'.

"...the petitioner is about 56 years of age, in any case, before any reservation may have been claimed for a person with a disability, identification of post was necessary to be made under the Old Act. No such identification or reservation of post for a person with a locomotor disability is shown to have been provided before the issuance of the advertisement. In absence of post identification and reservation made, the petitioner could not have claimed a right to be appointed on the post of Library Peon upon claiming reservation under the Old Act."

Though the court did add that the respondents are generally at fault in not providing for identification and reservation of adequate posts for persons with a locomotor disability at Government Degree College at Deoband, Saharanpur.

Further, the Court called it "most disturbing" that instead of apprising him of the fact regarding non-availability of reservation, he was unfairly asked to ride a bicycle which he obviously could not.

In any case, the Court opined, in absence of a specification of 'bicycle' in the advertisement, the petitioner should have been allowed to ride a 'tricycle' which also qualifies as a cycle. In other words, the Court clarified, that if otherwise eligible, the petitioner should have been allowed to compete as a General Category candidate. 

Consequently, the Court found him entitled to a lump-sum compensation assessed at Rs. 5,00,000/-, which was directed to be paid to the petitioner by the respondent State Government directly into his Savings Bank Account within a period of three months. 

Case title - Pradeep Kumar Gupta v. State Of U.P. Through Secretary ( Higher Education) And 4 Others [WRIT - A No. - 18302 of 2021]

Case Citation: 2022 LiveLaw (AB) 425

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