The Supreme Court to the Rescue

The Supreme Court restores dignity to a disabled man

Supreme Court comes to rescue of disabled teacher

Khalid Gul (Greater Kashmir)

Pulwama: A disabled teacher’s struggle for justice has finally borne fruit. Moved by Syed Bashir-ud-din Qadri’s resolve, the Supreme Court recently ordered his reinstatement in service while pulling up the Jammu and Kashmir Government for not only being insensitive to the physically challenged person but also being cruel in ignoring his exceptionally good track record as Rehbar-i-Taleem.

Overcoming all odds of being afflicted with cerebral palsy, Qadri completed his graduation from University of Kashmir in 2004. Later, he topped the selection list of candidates for Rehabar-i-Taleem and was posted at Kanjinag School under the Sarva Shikhsa Abhiyan in 2005. Though he had a little problem in writing but the medical board and education department certified that he was capable for the job.

But a complaint was filed with the director of education that Qadri being a cerebral palsy patient was not fit to be appointed for the post. After litigation in the High Court and examination at the SK Institute of Medical Sciences, it was opined that Qadri, with insignificant speech and difficulty in writing, would find it tough to perform the duties of a teacher.

But the directorate of education’s expert committee made an on the spot inquiry and found that Qadri was well versed with the subject he taught and did justice to his teaching duties. But in 2007, the High Court quashed Qadri’s appointment.

Qadri moved the Apex Court. His counsel Colen Gonsalves pointed out that the law provided for the reservation in jobs for persons like Qadri suffering from disorders like cerebral palsy in order to allow them to live life with dignity.

A Bench comprising Justices Altamas Kabir and Cyriac Joseph agreed, allowing the appeal and asking the State to reinstate him and pay all arrears treating as if Qadri’s services have never been terminated. The Bench said: “His performance as a teacher was reflected in the exceptionally good results he achieved in his discipline in the classes taught by him. It is unfortunate that in spite of the positive aspects of the appellant’s functioning as a teaching guide and the clear and unambiguous object of the law, the High Court adopted a view which was not compatible therewith.”

It directed the authorities to immediately reinstate Qadri and said he would be treated as on duty during the break in service due to the uncalled for incidents.

“My advice to all the physically challenged persons is to work hard, not to lose hope and fight for their rights,” says Qadri. He said that the government should now speed up the process of his re-appointment.