Syed Bashir-ud-din Qadri v. Nazir Ahmed Shah,
CIVIL APPEAL NOS.2281-2282 OF 2010, Date of Judgment 10-03-10
The case originated from J&K where the appellant with disability due to cerebral palsy was appointed as teacher and was found to be capable of discharging the duties by the Head Master and a committee appointed for evaluating the performance.
Later on, another contender for the post filed a petition before the J&K HC and caused to appoint a medical commission. As if to show the height of insensitivity, in an unprecedented move, the HC called the appellant personally to court and put questions directly to him. Ultimately ordered disengagement of the appellant from teaching duties and directed the State Govt. to find an appropriate post for him. Aggrieved by that order, the present appeal is filed before SC and got a favourable judgment from bench consisting of Justices Altmas Kabeer and Cyriac Joseph.
The judgment contains; discussion about the principle of reasonable accommodation, direction to judiciary as to what orientation it ought to have while reading PWD Act, and a censuring of the HC for mechanically reading the provision.
"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well." -Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.