E.HARIHARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The right to access to justice and right to equality and equal treatment claimed by a person with disability are ingrained in the basic human rights, in addition to it being recognized under the Constitution of India and given effect to by the law makers by enacting the Rights of Persons with Disabilities Act, 2016 [for brevity, "the Act"]. However, those principles enshrined in texts, at times, find difficult to be operated on ground realities majorly because of attitudinal behaviour and approach which lacks sensitivity, in utter disregard to right to equality.

(2.) The petitioner seeks issuance of a writ of mandamus to direct respondents 1 to 3 to issue Nativity and Community Certificates within two weeks to the petitioner based on the G.O.Ms.No.48 dtd. 12/12/2002 and, consequently, direct respondent No.4 to act on such certificates for the purpose of his appointment as Junior Engineer.

(3.) A recount of the facts, in a nutshell, runs thus: The petitioner is a physically challenged person and was selected for appointment as a Junior Engineer in the Electricity Department in Puducherry. Though the petitioner was born and bred in Puducherry, the nativity certificate has been denied to him for the sole reason that after his mother's death during Covid, as there was no one to help him in Puducherry, the petitioner went to stay with his sister and relatives in Arasalankudi Village, which is nearer to the border of Karaikal.