Appeals or grievances of persons with disabilities need precedence and disposed of with greater sensitivity and empathy

Madras High Court Directs Expedited Appeal Resolution for Visually Impaired Petitioner Court Mandates Time-Bound Disposal of Appeals for Persons with Disabilities, Citing Constitutional Obligations

In a landmark judgment reinforcing the rights of persons with disabilities, the Madras High Court has directed the Tirupattur District Collector to decide on an appeal filed by a visually impaired petitioner, C. Somasundaram, within thirty days. The appeal, pending since January 2023, challenges the rejection of a community certificate application crucial for the petitioner’s eligibility for reserved job postings.

The Division Bench, comprising Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan, emphasized the State's constitutional duty to protect the interests of persons with disabilities, as mandated under the Rights of Persons with Disabilities Act, 2016, and Article 41 of the Indian Constitution. The Court highlighted the undue delay of nearly three years in deciding the appeal, terming it "unfathomable" and a violation of statutory and constitutional mandates.

C. Somasundaram, who belongs to the "Kurumans" Scheduled Tribe community and is visually impaired with a 40% disability, had applied for a community certificate for himself and his daughters. The denial of this certificate obstructed his ability to secure employment under a reserved category for the visually impaired. The Court's directive aims to ensure that such appeals are handled with urgency and empathy, reflecting the State's obligation to facilitate the participation of disabled individuals in society.

The judgment also prompted the Chief Secretary of Tamil Nadu to issue a circular within a month, mandating all state departments to ensure timely disposal of appeals and representations by persons with disabilities.

This decision is expected to set a significant precedent for similar cases, reinforcing the need for a sensitive and expedited approach in addressing the grievances of persons with disabilities, thereby upholding their rights to equality and dignity.

Bottom Line:

Rights of Persons with Disabilities - Appeals or grievances of persons with disabilities should be given precedence and disposed of with greater sensitivity and empathy. Delay in deciding appeals of such individuals is unfathomable and violates constitutional and statutory mandates.

Statutory provision(s): Rights of Persons with Disabilities Act, 2016 Section 2(c), Constitution of India, 1950 Article 41

C.Somasundaram v. Chairman Teachers Recruitment Board, (Madras)(DB) : Law Finder Doc Id # 2820382