Courts Must Strive To Remove Barriers Faced By Persons With Disabilities: Madras HC Dispenses Language Test For Speech & Hearing Impaired Engineer

Justice Anand Venkatesh noted that the barriers faced by persons with disabilities went beyond issues of accessibility and was deep rooted in prejudices and stereotypes in the society. The court added that persons with disabilities faced social, attitudinal, cultural, institutional, structural, legal and environmental barriers, which constitutional courts must, through their judgments, strive to remove.

“The barriers faced by persons with disabilities go beyond just physical accessibility issues, extending to deep rooted prejudice, stereo types and misconcepts that pervaded many aspects of the society. From education and employment to health care and public services, persons with disabilities often face significant obstinance that hinder their full participation and inclusion. In view of the same, a Constitutional Court must develop an understanding of the Societal, Attitudinal, Cultural, Institutional, Structural, Legal and Environmental barriers that persons with disabilities encounter daily. The Constitutional Court must strive to remove these barriers through their Rulings,” the court said.

The court thus came to the rescue of a Civil Engineer, who had 100% hearing and speech impairment and directed the Tamil Nadu Housing Board to not insist on Tamil Language test certificate from him. The court noted that being 100% speech and hearing impaired, it was impossible for the petitioner Vidyasagar to attend the viva voce test and thus, considering his circumstances, he should be reasonably accommodated. The court also applauded Vidyasagar for his grit and determination to complete his civil engineering degree despite his impairment.

“The petitioner after a long struggle has entered the services of the Housing Board and he has been working for the last 10 years. If he is now shown the door, he will be virtually left in the streets without any employment considering the disability suffered by him. Therefore, the case in hand is one such deserving case where such exemption can be granted to the petitioner,” the court ruled.

Vidyasagar had approached the court to direct the Managing Director and the Administrative Officer of the Tamil Nadu Housing Board to not insist him to produce the certificate of passing the Tamil Language Test and to grant him the pending increments and promotion.

Vidyasagar informed the court that he had completed his school education in English language by way of GO Ms. NO. 1893 dated 24.03.1982 which allowed speech and hearing impaired children to study in any language. He further informed the court that in 2014 he was appointed as an Assistant Engineer in the Tamil Nadu Housing Board but was later asked to produce a certificate for passing Tamil Language. Though he requested the Board that he may be exempted in view of his disability, the Board insisted that he complete the Tamil language test failing which he will be discharged from service.

The TNHB on the other hand submitted that as per GO MS. No. 89 dated 09.07.1996, Vidyasagar had to necessarily complete the Tamil Language test and produce the certificate as no exemption could be granted in this regard by the Government.

The court noted that the Tamil Language test consisted of a written examination and a viva voce and that Vidyasagar had in fact participated in the written examination. The court also noted that considering his disability it would not be possible for him to attend the viva voce.

The court also noted that as per Clause 5 of the Regulation Book of Housing Board, exemption could be granted in deserving cases. The court thus directed the Board to grant exemption to Vidyasagar and pass a specific order in this regard. The court also directed the Board to extend all attendant benefits to which he was entitled to within 8 weeks by issuing appropriate order for the same.

Counsel for the Petitioner: Mr.D.Muthukumar for M/s.Paul and Paul J Hudson Samuel and Partners

Counsel for the Respondent: Mr.P.Balathandayutham Special Government Pleader, Mr.V.Logesh Standing Counsel (TNHB), Mr.R.Bharanidharan Standing Counsel (TNPSC)

Citation: 2024 LiveLaw (Mad) 417

Case Title: B Vidyasagar v The Government of Tamil Nadu and Others

Case No: W.P.No.33673 of 2023