‘Disabled people entitled to due representation in elected boards'
"It is only just and proper that apart from finding a place in educational institutions and in employment, disabled persons also find a place in the elected bodies," Justices G R Swaminathan and V Lakshminarayanan said.
The court made the observations while clarifying that the high court, though being a constitutional court, cannot issue any writ of mandamus unless the petitioner shows the existence of any legal right.
However, the court added that it can certainly nudge the authorities to take appropriate steps in that direction.
The issue pertains to a plea moved by advocate B Rameshbabu, pointing out that there was no representation of PwDs in various statutory bodies such as Bar Council of India, National Medical Council, Dental Council of India, and Pharmacy Council of India. The petitioner said despite the mandates for the govt provided under the Rights of Persons with Disabilities Act to identify suitable posts in various govt establishments, no identification and nomination were done by the state.
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Recording the submissions, the bench said, "The Act states that the chief commissioner for persons with disabilities shall promote awareness of the rights of PwDs and safeguards available for their protection."
Now that we have brought it to the notice of the authorities that disabled persons have not given due representation, we direct the authorities to undertake appropriate steps in this regard, the court said.
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