Mohammad Sarwar Hossain Khan and others vs Bangladesh and others [‘Disability Discrimination’ Case]

Writ Petition No. 3437/1997

High Court Division of the Supreme Court of Bangladesh

Facts: Mohammad Sarwar Hossain Khan, Mohammad Mahbubur Rahman and Md. Mir Ashraf Hossain, all graduates form Dhaka University and having visual disability filed a writ petition challenging the failure of the Public Service Commission in issuing admit cards for the 18th BSC Examination. The petitioners submitted their application forms in due compliance with the eligibility criteria with the contest of the Chairman. The Secretary, Public Service Commission (PSC) denied issuance of admit card to the petitioners and verbally informed that permission for the Ministry of Establishment was a prerequisite. The Ministry of Social Welfare made intimations on behalf of the petitioners to the Ministry of Establishment, but no progress could be made and the petitioners could not appear in the Examination.

Argument: The petitioners argued that the failure to issue admit card to the petitioners were in violation of Section 8(ja) of the National Policy for Disabled, inasmuch as they satisfied all criterion of eligibility and could not be denied appearance to the BCS Examination. The discriminatory decision in question was in violation of articles 27, 29 and 31 read with Article 15 of the Constitution.

Order: The High Court issued a Rule Nisi on 23.06.1997 calling upon the Ministry of Establishment and Controller of Examination and Chairman, Public Service Commission to show cause why the failure to issue admit card to the visually disabled persons should not be declared to be without lawful authority and of no lawful effect.

Status: Pending for hearing.

Laws Cited: Constitution, Articles 27, 29, 31 and 15, National Policy for Disabled.

 

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