CHENNAI: The Madras High Court has directed the Chief Secretary of Puducherry to prepare Standard Operating Procedure (SOP) guidelines within two months to create awareness among all government and public sector officials on handling persons with disabilities (PwDs).
The direction was issued while hearing a petition filed by E Hariharan, a PwD from Mayiladuthurai, seeking a direction to the authorities to issue caste and residence certificates.
In his petition, Hariharan had submitted that he had completed his schooling and college education in Puducherry. Being a PwD, he had obtained a disability certificate and had also been receiving financial assistance from the State government. He had secured 65.50 marks in the recruitment exam held for the post of Junior Engineer in the Electricity department of Puducherry. However, when he appeared for certificate verification, his application for residence and caste certificates was rejected.
According to the petitioner, authorities refused to issue the certificates on the grounds that he was temporarily residing outside Puducherry. Additionally, the Medical Board declared that he was not eligible for the post. Hence, he sought a direction from the Court to issue the required certificates.
After hearing the matter, the Division Bench comprising MM Shrivastava and Justice G Arul Murugan observed that the petitioner was suffering from 40% physical disability and had already obtained the relevant disability certificate, on the basis of which he had been receiving financial assistance from the government.
The Court noted that although the petitioner had moved out of Puducherry temporarily, he had not applied for any change in the address mentioned in his official records. He had also produced documents establishing that he was born in Puducherry and had completed his school and college education there. Furthermore, both the petitioner and his father had cast their votes in Puducherry during the 2024 Lok Sabha elections.
Despite these facts, the Court held that the reasons cited by the authorities for rejecting the application were untenable. The Bench observed that the authorities had dealt with the petitioner's application in a mechanical and arbitrary manner.
The Court further observed that a PWD is legitimate in his expectation that, in all walks of life and interaction in society, he would be treated equally, without discrimination and attitudinal barriers, and with sensitivity.
Accordingly, the Court directed the Chief Secretary of Puducherry to prepare Standard Operating Procedure (SOP) guidelines within two months to ensure awareness among all Government and public sector officials handling matters relating to persons with disabilities.
It also directed the authorities to immediately issue the residence certificate to the petitioner, holding that the refusal to do so was illegal. The Bench further ordered that a new Medical Board be constituted to reassess the petitioner’s eligibility. Since he had secured high marks in the recruitment exam, he would be entitled to appointment against the existing vacancy, subject to being declared medically fit by the newly constituted Medical Board.
Additionally, the Court directed the officials who had failed to properly consider the petitioner’s application to pay compensation of Rs 50,000 to the petitioner, following which the Court closed the petition.