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Synopsis

The Allahabad High Court recently directed the State Government of Uttar Pradesh to pay Rs. 5,00,000 as compensation to a man with 50% locomotive disability who was asked to ride a bicycle to be appointed on the post of Library Peon at a government degree college.

The bench of Justice Saumitra Dayal Singh said, "The amount of compensation has been awarded to let the petitioner know, the State may take time to hear & understand its citizen and his plight but, it is neither deaf nor heartless as may ever remain indifferent, forcing him to drag his feet, almost literally, to this Court to seek justice. The citizen works at the heart of the giant being the State is. Unless the heart beats freely, the being cannot thrive."

Against an advertisement in 2006 for appointment, amongst other, on the post of Library Peon (one post) at Government Degree College, Deoband, Saharanpur, the petitioner had applied. The essential qualifications prescribed for the peon job were Class V pass and ability to ride cycle.

The petitioner was called for the interview. Initially, the petitioner was not evaluated and he was summarily required to leave as he could not ride a bicycle. However, during the course of interview, the petitioner was forced to part with his tricycle which he uses to commute and was called upon to ride a bicycle which he could not. 

Alleging hostile discrimination and complete violation of his special rights under the Rights of Persons with Disabilities Act, 1995 (Old Act), the petitioner moved the high court assailing the selections made.

Meanwhile, upon the petitioner escalating the issue and lodging complaints, the Regional Employment Exchange (Divyangjan), Meerut Division instituted an enquiry into the allegations levelled by the petitioner which resulted into an order being passed by the the District Magistrate, Saharanpur, acting as the Additional Commissioner (Divyangjan) in 2019 assuring the petitioner his appointment. 

However, the order of the District Magistrate was assailed by the then Principal of the Government Degree College and in the course of those proceedings,office of the District Magistrate withdrew in entirety its earlier order in 2020.

Being aggrieved with the decision, petitioner again moved the writ court seeking remedial action against the respondents both for himself as also with respect to enforcement of the Old Act. His counsel argued that the petitioner was entitled to be granted reservation as a person with disability by virtue of the Old Act.

At the outset, court opined that there was no room to consider the challenge to selection already made as the same was challenged by the petitioner in his earlier writ petition which was dismissed as withdrawn without granting liberty to the petitioner to file a second writ petition.

Court further held that since no identification or reservation of post for person with locomotor disability was provided before issuance of the concerned advertisement, which was essential, therefore, in absence of it, the petitioner could not have claimed a right to be appointed on the post of Library Peon upon claiming reservation under the Old Act.

However, taking note of the humiliation faced by the petitioner at the instance of the State authorities, court said that it was against the mandate of the Constitution.

"No occasion may have existed to make this consideration if the respondent State authorities had apprised the petitioner of the correct facts and made him understand the same without violating his dignity as a human being and without committing any positive act of humiliation in making him feel inadequate, owing to his different ability," Court opined. 

Accordingly, court held that since state failed its special citizen, therefore, the petitioner was entitled to compensation. 

Case Title: Pradeep Kumar Gupta v. State Of U.P.