The Madras High Court, in a significant ruling, has directed the Tamil Nadu Housing Board to exempt a disabled employee from the Tamil language requirement, underscoring the necessity to accommodate individuals with disabilities in employment and public services.
Justice N Anand Venkatesh issued the order in response to a petition by B Vidyasagar, an Assistant Engineer with the Tamil Nadu Housing Board, who is completely impaired in hearing and speech. Vidyasagar, who completed his education in English, faced a requirement to pass a Tamil language test, including a written exam and a Viva-Voce, to continue receiving increments and promotions.
Highlighting the broader societal challenges faced by individuals with disabilities, Justice Venkatesh noted that the barriers extend beyond physical accessibility and include deep-rooted prejudices and stereotypes. “Persons with disabilities often encounter significant obstinance that hinders their full participation and inclusion in society,” Justice Venkatesh observed. He emphasized that the court must strive to remove these barriers through its rulings.
The court referenced several Supreme Court judgments asserting that failing to provide reasonable accommodation constitutes discrimination. “It is beyond comprehension how the petitioner, with his disabilities, is expected to undergo a Viva-Voce test,” stated Justice Venkatesh, explaining the rationale for the exemption.
Vidyasagar has served the housing board for a decade, and denying him necessary accommodations would leave him without employment, a situation the court deemed untenable. “This is a deserving case where such exemption should be granted,” the judge declared.
The court exercised its extraordinary jurisdiction under Article 226 of the Constitution of India to order the exemption. It further directed the Tamil Nadu Housing Board to formalize this exemption and ensure that Vidyasagar receives all attendant benefits, such as increments and promotions, that had been withheld due to the language requirement. These benefits are to be extended within eight weeks as per the court’s directive.
