Coming to the rescue of a physically challenged person, the Supreme Court has pulled up the Jammu and Kashmir High Court, describing its approach as ‘insensitive’.

A bench comprising Justices Altmas Kabir and Cyriac Joseph ordered the reinstatement of petitioner Sayeed Bashir-ud-Din Qadri, who is suffering from cerebral palsy, as ‘Rehbar-e-Taleem ‘ (teacher).

The bench in its judgement noted ‘the appellant is a person suffering from cerebral palsy and these appeals are the story of his struggle to make himself self-dependent and to find an identity for himself against enormous odds’.

‘Despite his handicap, the appellant completed his graduation under the University of Kashmir and was awarded a B Sc degree by the varsity on February 28, 2004,’ it added.

Jammu and Kashmir had launched a scheme known as Rehbar-e-Taleem which means a teaching right. This post was deemed to be that of a community worker for a period of five years on a monthly honorarium after which the candidate was to be considered for regularisation as general line teacher.

Jammu and Kashmir High Court had set aside his appointment on a petition filed by respondents Nazir Ahmad Shah and others and directed the state government to find another suitable job for him.

Justice Kabir, writing a 37-page judgement, noted that the approach of the High Court towards a physically handicapped person appeared to be insensitive and it ignored the positive aspect of the appellant’s functioning.

The apex court noted ‘as has been submitted by senior counsel for the petitioner, the intimidating atmosphere in which the appellant found himself must have triggered a reaction which made it difficult for him to respond to the question put up to him’.

‘The petitioner was on top of the merit list and his performances were appreciated by a committee appointed by the government and even the students were satisfied with his style of teaching in spite of the fact that he was unable to write on blackboard,’ it added.

The apex court directed that the period during which he was removed from the post shall not be treated as break in service.

UNI