Be sensitive to handicapped students: HC

Updated on: Saturday, December 10, 2011

"Be sensitive," said the Bombay High Court to Maharashtra Housing Area and Development Authority (Mhada), directing it to delete a condition stating that visually challenged students and their writers (scribes) should be criminally prosecuted if found indulging in malpractice during exams.

A division bench of Chief Justice Mohit Shah and Justice Roshan Dalvi was hearing a clutch of public interest litigations seeking enforcement of the Persons with Disabilities Act, 1995, by the state.

Maharashtra Rajya Apang Karmachari Sanghatana’s advocate Uday Warunjikar informed the court that as per the guidelines printed in a Mhada brochure, if any information provided by the candidates or their scribes is false, they would be liable for penal prosecution. Warunjikar said that there is a lack of good scribes already, and such conditions will deter people from coming forward to help visually challenged candidates. The brochure was published in connection with an examination to be conducted by Mhada on December 11, 2011 for clerical staff. “The condition also states that the service of the candidates and the scribes will be terminated. This is too harsh,” said Warunjikar.

The judges agreed with him. “This condition creates a wrong environment. It will not encourage good scribes to come forward,” said Justice Shah. “First show us cases of malpractice, then you (Mhada) place such conditions. Be sensitive toward the handicapped and visually challenged,” he added.

Additional government pleader G W Mattos informed the court that Mhada had inserted this condition as a precaution. “The government is sensitive towards the problems faced by the handicapped persons,” he said.

Advocate Kamchan Pamnani told the court that despite an order passed by the high court earlier this year and a circular in 2006 issued by the commissioner for disabilities, Mhada continues to insist on scribes having lower educational qualifications than the candidates. The judges also directed this condition to be deleted from the brochure.

Be sensitive to handicapped students: HC

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