A ARUMUGAM Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) A Graduate Teacher who has become disabled with the complaint that alternative employment has not been provided to him as mandated under Section 47 of the Persons with Disabilities (Equal Opportunities, protection of rights and full participation) Act 1995, has come forward with this writ petition.

(2.) THE petitioner was appointed as a Graduate Teacher in the third respondent-School on 06.07.1989. It is an aided school Governed by the Tamil nadu Recognised Private Schools (Regulation) Act. When the petitioner was so working, unfortunately, on 01.12.2000, he suffered severe injuries on his back and soon, he was admitted in a hospital. Despite medical care, unfortunately, his fore-limbs were paralised. Admittedly, he was bed-ridden for several years. Even now, the petitioner cannot walk and he is confined in a wheel chair. After so much of treatment and medical care, he is capable of moving his hands alone, but he could not write. According to medical experts, the disability is 90% which is evident from the Medical Certificate dated 04.11.2003. Because of the said disability, the petitioner is unable to discharge his functions as a teacher. THErefore, he sought for alternative employment as required under Section 47 of the Act. But the third respondent by his proceedings in Na.Ka.No.11/A/07 dated 16.05.2007 has rejected the said request of the petitioner for alternative employment. Challenging the same, the petitioner has come forward with this writ petition.

(3.) FROM the medical records produced before this Court and on seeing the petitioner, this Court is of the opinion that as rightly pointed out by Doctor, the petitioner cannot discharge his functions as a teacher. In view of the said position, as mandated under Section 47 of the Persons with Disabilities (Equal Opportunities, protection of rights and full participation) Act 1995, he is entitled for alternative employment.