Hearing, speech impaired govt. engineer need not clear Tamil test, rules Madras High Court

Madras High Court exempts TNHB engineer with disabilities from Tamil language test, highlighting societal barriers faced by differently abled individuals.

The Madras High Court has come to the rescue of a Tamil Nadu Housing Board (TNHB) engineer suffering from 100% hearing and speech impairment and facing the threat of discharge from service for not having cleared the Tamil language test which comprises of a written examinaton and viva voce.

Justice N. Anand Venkatesh exercised the extraordinary powers of the High Court under Article 226 of the Constitution and directed the TNHB to exempt the engineer B. Vidyasagar, serving in the technical cell at the board’s headquarters at Koyambedu in Chennai, from clearing the language test.

The judge issued a consequential direction to the TNHB Managing Director to issue specific proceedings, for granting such exemption, within four weeks. He also ordered payment of all increments and attendant benefits that had been reportedly withheld for not having cleared the Tamil language test.

“The case in hand depicts the sorry state of affairs that prevails in the society while dealing with differently abled persons,” the judge said and lauded the petitioner for his “grit and determination” in having completed school studies in English, obtaining an engineering degree in 2003 and securing a job in TNHB in 2014.

Since a Government Order issued on July 9, 1996 insists that government servants must clear Tamil language test and produce a certificate and it does not grant any kind of exemption to the physically challenged; the TNHB had informed him that he would be discharged from service unless he clears the test.

Wondering how the petitioner, suffering from 100% hearing and speech impairment, could be expected to attend a viva-voce as part of the language test, the judge said, petitioner’s efforts to get integrated into mainstream of the society should not get disrupted through his discharge from service overnight.

“The barriers faced by persons with disabilities go beyond just physical accessibility issues, extending to deep rooted prejudice, stereo types and misconcepts that pervade many aspects of the society. From education and employment to health care and public services, persons with disabilities often face significant obstinance that hinder their full participation and inclusion,” the judge wrote.