PANAJI: High Court of Bombay at Goa today quashed and set aside the order by the State Commissioner for Persons with Disabilities rejecting the representation filed by a 58-year-old Bhatlem, Panaji resident to consider his case in connection with mental disability.
The court order came in a petition filed by Sudesh Kumar Waingade in this regard. Waingade was in service with Goa government’s FDA department. While in service, he suffered from some mental ailment.
He was treated at IPHB, Bambolim and a certificate has also been issued stating that he is suffering from schizophrenia. However, the Commissioner refused to entertain his powers under the Rights Of Persons With Disabilities Act to adjudicate the application filed by the petitioner and rejected the representation filed by Waingade.
In view of this, the court has asked the commissioner to decide the application afresh and by considering the provisions of the RPwD Act 2016 which deals with persons with disability which include physical, mental, intellectual or sensory impairment. The court has asked that the decision be taken on the application within a period of one month from today.
“People with disabilities shouldn’t be subjected to discrimination in any form just because of their condition. The Commissioner must determine whether the petitioner’s application falls under Section 2(s) r/w Section 80(b) of the Act of 2016 or whether it requires consideration of any benchmark in light of the aforementioned Act’s purpose, the Judge continued.
“It is evident from the contested order that none of the previously mentioned factors were taken into account, and the Commissioner declined to use his authority under the Act to decide the petitioner’s application,” the judge added.