The court ruled that a 100% hearing and speech impaired individual is entitled to exemption from mandatory Tamil language test requirements, emphasizing the principle of reasonable accommodation under the Rights of Persons with Disabilities Act, 2016.

ORDER :

N.Anand Venkatesh, J.

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 2 & 3 not to insist the petitioner to produce the certificate of passing the Tamil Language Test in the light of the Government Order No.49 Human Resource Development Department dated 23.05.2022 and to grant pending increments and promotion.

This writ petition has been filed for the issue of writ of mandamus directing the respondents 2 & 3 not to insist the petitioner to produce the certificate of passing Tamil Language Test and to grant the attendant benefits which have been kept in abeyance due to the non production of the certificate.

2. The case of the petitioner is that he is 100% hearing and speech impaired person from the age of three. The petitioner after undergoing a very great challenge, underwent School education in English language. This is in view of the fact that G.O.Ms.No.1893, dated 24.03.1982, enabled such speech and hearing impaired children from studying in any language. The petitioner after completing the School, joined B.E. Civil Engineering and completed the course in the year 2003. He also learned design software.

3. The petitioner participated in the selection to the post of Assistant Engineer conducted by the Housing Board and he got selected and appointed in the year 2014 as Assistant Engineer.

4. The further case of the petitioner is that as per the relevant Government Order, the petitioner must produce the certificate for passing Tamil language test. The petitioner was expressing to the Board that considering the disability suffered by him, he must be exempted from this test. The Board was extending the time for completion of the Tamil language test and ultimately, through the letter dated 26.04.2024, the petitioner was informed that he must complete the Tamil language test on or before 01.11.2023, failing which he will be discharged from service. It is under these circumstances, the present writ petition came to be filed before this Court.

5. The 2nd respondent has filed a counter affidavit. The 2nd respondent has taken a stand that as per G.O.Ms.No.89 dated 09.07.1996, the petitioner has to necessarily complete the Tamil language test and produce the certificate. No exemption has been granted in this regard by the Government and therefore, considering the disability suffered by the petitioner, the period was extended from time to time. Accordingly, in the absence of any exemption granted for a disabled person from clearing the Tamil language test, the Board will not be able to exempt the petitioner. Under such circumstances, the Housing Board has sought for dismissal of the writ petition.

6.Heard the learned counsel for the petitioner, learned Special Government Pleader for the 1st respondent, learned Standing Counsel for respondents 2 & 3 and the learned Standing Counsel for the 4th respondent.

7. The short issue that arises for consideration in the present writ petition is as to whether the petitioner must be granted exemption from passing the Tamil language test, which is mandatory under G.O.Ms.No.89 dated 09.07.1996.

8.In the case in hand, there is no dispute with regard to the fact that the petitioner is differently abled person with 100% hearing and speech impairment. At this juncture, it will be relevant to take note of G.O.Ms.No.1893, dated 24.03.1982. The relevant portions are extracted hereunder:

“(i) The Deaf Students in the Higher Secondary Schools be exempted from study of any one of the language either Part-I (Language Tamil or Other Languages) are under Part-II (English)

(ii) They be permitted to appear for Higher Secondary Examination with only one Language either Part-I (Language Tamil or Other Languages) are under Part-II (English).

(iii) This candidates to eligible for admission to the University Courses of study provided that they have secured the minimum marks prescribed for pass in the all other subjects at the Higher Second