PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 2652 of 2008
Date of filing: 2008/03/27
Print


Petitioners

1. Md. Nurur Rahman
2. Ain o Salish Kendra (ASK)
3. Bangladesh Legal Aid and Services Trust (BLAST)

Respondents

1. Bangladesh Gas Field Company Limited (BGFCL)

Facts

Md. Nurur Rahman, an engineer with a physical disability who was denied appointment to the post of Assistant Manager (Mechanical) in the Bangladesh Gas Field Company Limited (BGFCL), filed a writ petition, along with Ain o Salish Kendra (ASK) and BLAST, challenging the denial of appointment. Mr. Rahman had obtained his Secondary School Certificate (S.S.C) and Higher Secondary Certificate (H.S.C) with First Divisions in 1994 and 1996, respectively. Following errors in his medical treatment, he suffered from a physical disability beginning in the year 1999. He was admitted to the Bangladesh University of Engineering and Technology Dhaka and obtained BSc in Naval Architecture and Marine Engineering in year 2004. He was appointed as an Upazilla Rural Development Officer in Bangladesh Rural Development Board; his responsibilities included regular field visits and the Civil Surgeon recording his physical disability noted that his physical condition would not be a barrier for discharging his responsibilities. He applied for the post with BGFCL, meeting all the eligibility criteria stated in the advertisement published in the Daily Ittefaq, was allowed to take part in both written and viva voce exams and was asked to undergo a physical examination. Following a medical check-up and a report by the internal doctor of the BGFCL that the petitioner was disabled, the petitioner was not asked to join. The petitioners sent a notice demanding justice to the Ministry of Power, Energy and Mineral Resources, the Ministry of Social Welfare, Bangladesh Oil, Gas and Mineral Corporation and BGFCL. The Social Welfare Ministry (Disability Section) sent a letter to the Ministry of Power, Energy and Mineral Resources to consider the Disability Welfare Act, 2001 regarding the petitioner’s disability as well as quotas under the Act but no step was taken. The petitioners argued that Mr. Rahman came within the purview of the Disability Welfare Act and was entitled to special measures regarding appointment of disabled persons under Section 5 and 7 of the Schedule ‘Cha’ of the Act. The petitioners also cited Article 27 of the United Nations Convention on the Rights of Persons with Disabilities ratified by Bangladesh.

Rule/Order/Judgment
Date: 09/04/2008


Details
The High Court issued a Rule Nisi on the respondents to show cause as to why their refusal to appoint Mr. Rahman should not be declared to be without lawful authority and of no legal effect and why BGFCL should not be directed to appoint him.
Justices
Mr Jusice Md Imman Ali
Mr Justice AFM Abdur Rahman

Database Last Updated on: 2017-02-12 15:26:45
Area of law
Employment,
Disability,
Discrimination (disability)
Keywords
Wrongful Rejection; Workplace Discrimination
Relevant statute

Constitution, Article 27, 28 and 31; Disability Welfare Act, 2001 Convention of the Rights Persons with Disabilities (CRPD)





Case Number: Writ Petition No. 2652 of 2008
Date of filing: 2008/03/27

Petitioners

1. Md. Nurur Rahman
2. Ain o Salish Kendra (ASK)
3. Bangladesh Legal Aid and Services Trust (BLAST)

Respondents

1. Bangladesh Gas Field Company Limited (BGFCL)

Facts

Md. Nurur Rahman, an engineer with a physical disability who was denied appointment to the post of Assistant Manager (Mechanical) in the Bangladesh Gas Field Company Limited (BGFCL), filed a writ petition, along with Ain o Salish Kendra (ASK) and BLAST, challenging the denial of appointment. Mr. Rahman had obtained his Secondary School Certificate (S.S.C) and Higher Secondary Certificate (H.S.C) with First Divisions in 1994 and 1996, respectively. Following errors in his medical treatment, he suffered from a physical disability beginning in the year 1999. He was admitted to the Bangladesh University of Engineering and Technology Dhaka and obtained BSc in Naval Architecture and Marine Engineering in year 2004. He was appointed as an Upazilla Rural Development Officer in Bangladesh Rural Development Board; his responsibilities included regular field visits and the Civil Surgeon recording his physical disability noted that his physical condition would not be a barrier for discharging his responsibilities. He applied for the post with BGFCL, meeting all the eligibility criteria stated in the advertisement published in the Daily Ittefaq, was allowed to take part in both written and viva voce exams and was asked to undergo a physical examination. Following a medical check-up and a report by the internal doctor of the BGFCL that the petitioner was disabled, the petitioner was not asked to join. The petitioners sent a notice demanding justice to the Ministry of Power, Energy and Mineral Resources, the Ministry of Social Welfare, Bangladesh Oil, Gas and Mineral Corporation and BGFCL. The Social Welfare Ministry (Disability Section) sent a letter to the Ministry of Power, Energy and Mineral Resources to consider the Disability Welfare Act, 2001 regarding the petitioner’s disability as well as quotas under the Act but no step was taken. The petitioners argued that Mr. Rahman came within the purview of the Disability Welfare Act and was entitled to special measures regarding appointment of disabled persons under Section 5 and 7 of the Schedule ‘Cha’ of the Act. The petitioners also cited Article 27 of the United Nations Convention on the Rights of Persons with Disabilities ratified by Bangladesh.


Rule/Order/Judgment
Date: 09/04/2008:
Details
The High Court issued a Rule Nisi on the respondents to show cause as to why their refusal to appoint Mr. Rahman should not be declared to be without lawful authority and of no legal effect and why BGFCL should not be directed to appoint him.
Justices
Mr Jusice Md Imman Ali,   Mr Justice AFM Abdur Rahman


Reference

Area of law
Employment,  Disability,  Discrimination (disability)

Keywords
Wrongful Rejection; Workplace Discrimination

Relevant statute

Constitution, Article 27, 28 and 31; Disability Welfare Act, 2001 Convention of the Rights Persons with Disabilities (CRPD)


Related Proceedings
Database Last Updated on: 2017-02-12 15:26:45