A division bench of Lahore High Court dismissed a Punjab government’s inter court appeal against a single bench decision whereby it was directed to consider a visually impaired candidate for the job who had qualified for the post of educator.
Bench observed that the petitioner not only passed written test but was also successful in interview therefore, the single bench rightly observed that the department should have considered the possibility of providing necessary technical and human support to ensure that such a person could be able to perform as an educator and was not discriminated on the ground of disability.
Bench held remarks that a state cannot deviate from its fundamental duty to do at every level what it can, for the grooming and promoting the persons with disabilities so as to dislodge the impression from their minds that they are oppressed and neglected not only by the state but by the society as well.
The LHC single bench earlier had allowed the petition of visually impaired Muhammad Kamran Jamil person and had directed to provide him job as he had qualified.The education department moved an inter court appeal against single bench order.
The department’s counsel asserted that the blind, deaf and dumb candidates were not eligible against the post of teaching as they could not monitor and supervise the children aged 3 to 16 years by using blackboards, checking home works, conducting examination and evaluating work of students.
He so submitted that the department had the discretion to accept or reject the application of a person with disability keeping in view the nature of the job.
Mr Kamran counsel in reply said that Jamil is one of the persons with disability (blind), who following an advertisement for the posts of Elementary School Educators (ESE) issued by the education department, applied and cleared the test.
He also passed the interview but could not get the appointment letter with the objection that he had disability to see.He said that the government was responsible for providing employment to the disabled persons under a three percent quota.
He said that Mr Kamran had passed a written test and interview but could not get job, which was injustice but cruelty to a special person.
He requested to dismiss the appeal and issue directions to appoint the respondent according to his qualification.Ends/