The fundamental right to life and liberty, including dignity, as enshrined in the Constitution, must be protected, and the State has a duty to facilitate and protect human dignity.

JUDGMENT :

1. Heard the petitioner -Sri Pradeep Kumar Gupta, in person and learned Standing Counsel for the State. Also, on the request of the Court, Sri Prabhakar Awasthi, Advocate has assisted the Court to ascertain the correct facts.

2. The petitioner is a differently abled person having 50% locomotor disorder. On 24.06.2006, an advertisement was published inviting applications for appointment, amongst other, on the post of Library Peon (one post) at Government Degree College, Deoband, Saharanpur. The essential qualifications prescribed were Class V pass and ability to ride cycle. The petitioner applied for appointment on that post. He was called for interview. However, in the interview, the petitioner was not evaluated. It is his grievance, he was summarily required to leave as he could not ride a bicycle, which test was insisted upon him though the petitioner could ride a tricycle with equal efficiency. Thus, the petitioner claims violation of his rights and alleges humiliation caused to him, mainly by the then Principal of the Government Degree College, Deoband, Saharanpur.

3. The petitioner agitated the matter. Subsequently, a higher educational qualification (for the post of Library Peon) of High School was insisted. Since the petitioner did not hold that qualification, he was excluded. The petitioner alleges hostile discrimination having been practised by the State respondents and complete violation of his special rights under the Rights of Persons with Disabilities Act, 1995 (hereinafter referred to as the 'Old Act'). The petitioner assailed the selection made, by filing Writ Petition No. 17917 of 2007.

4. Also, upon the petitioner escalating the issue and lodging complaints, the Regional Employment Exchange (Divyangjan), Meerut Division instituted an enquiry into the allegations levelled by the petitioner. It submitted report dated 23.11.2007. Thereunder, it was observed as under:

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5. Thereafter the court/office of State Commissioner (Divyangjan), exercising powers vested under Section 82 of the Old Act directed the District Magistrate, Saharanpur and the Additional Commissioner (Divyangjan), Saharanpur, to institute a magisterial enquiry into the complaint made by the petitioner. Admittedly, the magisterial enquiry was conducted and its report submitted on 09.09.2019. In that, the Magistrate found the fact allegation made by the petitioner to be correct and made the following observation:

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