SYED BASHIR-UD-DIN QADRI versus NAZIR AHMED SHAH & ORS.

Citation: [2010] 3 S.C.R. 250 · Decided: 10-03-2010 · Supreme Court of India · Bench: ALTAMAS KABIR · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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A 
B 
[2010) 3 S.C.R. 250 
SYED BASHIR-UD-DIN QADRI 
v. 
NAZIR AHMED SHAH & ORS. 
(Civil Appeal Nos. 2281-2282 of 2010) 
MARCH 10, 2010 
[ALTAMAS KABIR AND CYRIAC JOSEPH, JJ.] 
Jammu and Kashmir Persons with Disabilities (Equal 
Opportunities, Protection of Rights and Full Participation) Act, 
c 1998: 
ss. 2(d}(v} 2(p),22 and 27 rlw s.31 - Person suffering from 
cerebral palsy - Appointed as Rehbar-e-Taleem(Teaching 
Guide) - Writ petition filed challenging the appointment- High 
D Court summoning the teacher in Court, and on its 
assessment, directing the education authorities to identify 
some other suitable job to accommodate him - Services of 
the appointee as Rehbar-e-Taleem disengaged - HELD: The 
instant case is not one of the normal cases relating to a claim 
E for employment, but involves a beneficial piece of legislation 
providing for reservation of 1% vacancies for the persons with 
'locomotor disability' which is the result of cerebral palsy -
Section 31 lays down that aids and appliances be provided 
to such persons - In the instant case, the results achieved 
by the appointee in different classes were exceptionally good 
F - High Court dealt with the matter mechanically without even 
referring to the provisions of the Act, and chose a rather 
unusual method in assessing the capacity of the appointee 
to function as a teacher by calling him to appear before the 
Court and to respond to questions put to him, in spite of the 
G fact that the Committees constituted to assess his 
performance as a teacher found him suitable - Orders of High 
Court and Chief Education Officer disengaging the appointee 
from functioning as Rehbar-e-Taleem set aside - Authorities 
directed to allow him to resume his duties with continuity of 
H 
250 
SYED BASHIR-LID-DIN QADRI v. NAZIR AHMED 
251 
SHAH & ORS. 
service from the date of his disengagement - Doctrine of A 
reasonable accommodation - Social justice - Practice and 
procedure. 
The appellant, a person suffering from cerebral palsy, 
was appointed as "Rehbar-e-Taleem" (Teaching Guide) 
8 
under the provisions of s.22 of the Jammu and Kashmir 
Persons with Disabilities (Equal Opportunities, 
Protection of Rights and Full Participation) Act, 1998. 
Respondent no. 1 filed a writ petition before the High 
Court challenging the appointment of the appellant. The 
C 
single Judge of the High Court quashed the appointment 
of the appellant and directed the Director of School 
Education to identify a suitable job to accommodate the 
appellant. The High Court was informed that the appellant 
could be considered for appointment to the vacant posts 
of Library Bearer or the Laboratory Assistant. 
D 
Consequently, an order disengaging the appellant from 
the post of Rehbar-e-Taleem was passed. The Letters 
Patent Appeal filed by the appellant having been 
dismissed by the High Court, he filed the instant appeals. 
Allowing the appeals, the Court 
HELD: 1.1. It has to be kept in mind that this case is 
not one of the normal cases relating to a person's claim 
E 
for employment. This case involves a beneficial piece of 
social legislation to enable persons with certain forms of 
F 
disability to live a life of purpose and human dignity. This 
is a case which has to be handled with sensitivity and not 
with bureaucratic apathy, as appears to have been done 
as far as the appellant is concerned. [Para 28] [267 -B-C] 
G 
1.2. The object of the Jammu and Kashmir Persons 
with Disabilities (Equal Opportunities, Protection of 
Rights and Full Participation) Act, 1998 is to provide equal 
opportunities, care, protection, maintenance, welfare, 
training and rehabilitation to persons with disabilities. 
H 
252 
SUPREME COURT REPORTS 
[2010] 3 S.C.R. 
A Section 2(d)(v) recognizes "locomotor disability" which 
is the result of cerebral palsy. Section 22, which requires 
the Government and local authorities to formulate 
schemes for ensuring employment of persons with 
disabilities, reserves 1 % of the vacancies available for 
B persons suffering from locomotor disability or cerebral 
palsy. Chapter VI of the Act makes provision for 
affirmative action and s. 31 thereof requires the 
Government to provide aids and appliances to persons 
with disabilities. While a person suffering from cerebral 
c palsy may not be able to write on a blackboard, an 
electronic external aid could be provided which could 
eliminate the need for drawing a diagram and the same 
could be substituted by a picture on a

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