CHENNAI: The Madras High Court, by exercising its extraordinary jurisdiction under Article 226 of the Constitution, has ordered the state government to provide an exemption to a 100% hearing and speech-impaired assistant engineer of the TN Housing Board from passing the compulsory Tamil language test.
Justice N Anand Venkatesh passed the orders recently while allowing a petition filed by B Vidyasagar seeking exemption from the Tamil language test. The petitioner had completed school education in English as a 1982 GO (Ms 1893) which allowed speech and hearing-impaired children to study any one of the languages and graduate in civil engineering.
He was appointed as AE in 2014. Since then, he was given extension of time for completing the language test. On April 26, the TNHB issued an ultimatum to complete the test and if not, he would be shown the doors. Subsequently, he approached the high court.
The judge noted that The Rights of Persons with Disabilities Act, 2016 specifically deals with the right of reasonable accommodation to be provided for differently-abled persons. Citing a Supreme Court judgement, he said that failure to provide reasonable accommodation to persons suffering from peculiar disability will result in a clear discrimination.
“The barriers faced by persons with disabilities go beyond just physical accessibility. The issues extend to deep-rooted prejudice, stereotypes and misconceptions that pervaded many aspects of the society. From education and employment to health care and public services, persons with disabilities often face significant abstinence that hinders their full participation and inclusion,” the judge said in the order.
He said considering the disability of the petitioner, it is beyond comprehension as to how the petitioner will attend the viva voce test and so, he has to be reasonably accommodated in the given circumstances by granting exemption.
Pointing out that the petitioner has got into government services after a long struggle and has been working for the last 10 years, the judge stated that if he is now shown the door, he will be left in the streets.
Exercising the court’s extraordinary jurisdiction under Article 226 of the Constitution, he directed the TNHB “to grant exemption” to the petitioner to clear the Tamil language test and issue the orders in this connection within four weeks.
He also ordered the respondent authorities to extend all attendant benefits for which he is entitled and necessary orders shall be passed within eight weeks.