Removing a person from job only because he is blind is a violation of the Person With Disability Act

The High Court of Calcutta has set aside an order that removed a blind professor from the Head of Department’s position by Haringhata Mahavidyalaya on the grounds of his physical disability.

A Single Bench of Hon’ble Justice Ravi Krishan Kapur noted that the Memo dated 30.07.2017 through which the professor was removed violated the Rights of Person with Disabilities Act, 2016. The Bench further noted that the petitioner was only removed from his post due to his blindness, and no other grounds were raised. Apart from three provisions, this action violated Section 20 of the Rights of Person with Disabilities Act, 2016.

Section 20 of the Act states that Government establishments cannot discriminate against any person in employment matters. The Section further reads that government establishments provide reasonable accommodation and a conducive environment for disabled employees.

Background:

In the instant case, Dr Shishir Kumar Biswas (petitioner) argued that the ground mentioned in the impugned Memo was violative of his constitutional rights. He placed reliance on Section 20 of the PwD Act and contended that there could not be any discrimination against a person with a disability in employment matters.

Order of the Court

Justice Kapur observed that there was nothing on record to support the college’s Managing Committee’s action. Therefore, the Court set aside the impugned Memo and directed the Respondents to take appropriate steps as per law.

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