Madras high court directs Puducherry govt to prepare SOP and conduct sensitisation programmes for disabled persons

CHENNAI: The Madras high court observed that a disabled person is legitimate in his or her expectation that, in all walks of life and interaction in society, he or she would be treated equally, without discrimination and attitudinal barriers, and with sensitivity.

The first bench of Chief Justice Manindra Mohan Shrivastava (since retired) and Justice G Arul Murugan made the observation while holding that the Puducherry govt failed to conduct a proper medical examination of a disabled candidate for the post of junior engineer (electrical) to determine his suitability and competency for employment.

The court then directed the chief secretary to the Puducherry govt to prepare a Standard Operating Procedure (SOP) directing all departments and public officials dealing with disabled persons to hold sensitisation programmes periodically within 2 months.

The court made the observations on a plea moved by E Hariharan, who suffers from hereditary sensory motor neuropathy. He was issued a unique disability identity card by the Union govt certifying locomotor disability at 40% and is, forsooth, receiving monthly financial assistance under the social welfare department, Puducherry.

Though he was selected for the post of junior engineer (electrical), his candidature was rejected on the ground that the medical board, on examining the petitioner, opined that he was not eligible for the post.

Rejecting the decision of the govt, the court directed the authorities to provide him a nativity certificate forthwith and to constitute a fresh medical board consisting not only of medical experts, but also a departmental officer well versed with the nature of duties and functions assigned to the post.

The petitioner, having secured high marks, will be entitled to an appointment against an existing vacancy once he is cleared by the medical board. The authorities shall pay Rs 50,000 as costs to the petitioner within 1 month, the court said.