Debarment on grounds of visual impairment violative of Disability Act: Calcutta HC
The Calcutta High Court in a landmark judgement, has set aside an order removing professor from the post of Head of Bengali Department by the Haringhata Mahavidyalaya, situated in Nadia district of West Bengal, on grounds of visual impairment.
Justice Ravi Krishna Kapur of the Calcutta High Court noted that Dr Sishir Kumar Biswas was removed from the post (of Head of Bengali Department) primarily on the ground of his physical disability, which, he said is in direct violation and contravention of the provisions of the Rights of Persons with Disabilities Act, 2016.
The judge pointed out that Dr Biswas has relied upon ‘Section 20 of the said Act to contend that there can be no discrimination against any person with any disability in any matter relating to his employment’. Dr Biswas’ advocates argued in the court that the action by the college is illegal and discriminatory and the impugned Memo is also in violation of the principles of natural justice.
In his order Justice Kapur said, “On a perusal of the impugned Memo it is evident that save and except physical disability on the ground of eye blindness, there is no other ground alleged in the impugned Memo whereby the petitioner has been removed as Departmental Head from the Department of Bengali in the concerned college.
“I find that impugned Memo is also in direct violation and contravention of the 3 provisions of the Rights of Persons with Disabilities Act, 2016 and particularly violative of the provisions of Section 20 of the said Act.”
Section 20 provides that no government establishment shall discriminate against any person with disability in any matter relating to employment. Every government establishment shall provide reasonable accommodation and appropriate barrier free and conducive environment to employees with disability. The college is aided by the state government.
The managing committee of the college has been directed to take appropriate steps in accordance with law.